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.

Comments

A later version of this paper was published as Lyons, Formal Justice and Judicial Precedent, 38 Vanderbilt Law Review 495 (1985).

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