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Settled Versus Right - A Theory of Precedent (Paperback)
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Settled Versus Right - A Theory of Precedent (Paperback)
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In this timely book, Randy J. Kozel develops a theory of precedent
designed to enhance the stability and impersonality of
constitutional law. Kozel contends that the prevailing approach to
precedent in American law is undermined by principled disagreements
among judges over the proper means and ends of constitutional
interpretation. The structure and composition of the doctrine all
but guarantee that conclusions about the durability of precedent
will track individual views about whether decisions are right or
wrong, and whether mistakes are harmful or benign. This is a
serious challenge, but it also reveals a path toward maintaining
legal continuity even as judges come and go. Kozel's account of
precedent should be read by anyone interested in the nature of the
judicial role and the trajectory of constitutional law.
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