Formal Justice, Moral Commitment, and Judicial Precedent
Document Type
Article
Publication Date
10-1984
ISSN
1939-8549
Publisher
The Journal of Philosophy, Inc.
Language
en-US
Abstract
Despite the encroachment of legislation on matters that used to fall within the "common law," the judicial practice of following decisions made in prior cases remains important and is likely to continue so. For decisions must be rendered where legislation has not yet intervened, appears to conflict, requires problematic interpretation, or has troubling applications.
Recommended Citation
David B. Lyons,
Formal Justice, Moral Commitment, and Judicial Precedent
,
in
81
The Journal of Philosophy
580
(1984).
Available at:
https://doi.org/10.2307/2026259
Comments
A later version of this paper was published as Lyons, Formal Justice and Judicial Precedent, 38 Vanderbilt Law Review 495 (1985).