On the Philosophy of Precedent: Proceedings of the 24th World Congress of the International Association for Philosophy of Law and Social Philosophy, ... (Archiv Fur Rechts: Und Sozialphilosophie)

La 4e de couverture indique : "In this volume, the 3rd issue of the Proceedings of the 24th IVR World Congress, the reader will find a selection of papers on the general theme of "The Philosophy of Precedent". The foundations, legal nature, structure, strength and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists and practitioners from all of the legal families and traditions, including those of the so-called Civil Law Systems. Taking into consideration this movement towards the universality of precedent-based reasoning in legal discourses, the essays comprised in this volume provide an account of legal precedent which explains the connections between theoretical issues on the nature of precedent and practical queries over its foundations, structure, strength and uses in contemporary legal systems." Introduction / Thomas Bustamente And Carlos Bernal Pulido -- The Philosophy Of Precedent : Conceptual Analysis And Rational Reconstruction / Pierluigi Chiassoni -- Rationality And (self) Precedent : Brief Considerations Concerning The Grounding And Implications Of The Rule Of Self Precedent / Marina Gascón -- Precedents And Balancing / Carlos Bernal Pulido -- Finding Analogies Between Cases : On Robert Alexy's Third Basic Operation In The Application Of Law / Thomas Bustamente -- Precedential Constraint, Its Scope And Strength : A Brief Survey Of The Possibilities And Their Merits / Larry Alexander -- The Role Of Precedents As A Filter For Argumentation / Patrícia Perrone Campos Mello -- Precedent As Subject Of Interpretationn (a Civil Law Perspective) / Victoria Iturralde -- On The Method Of Searching For Guiding Cases On The Basis Of Trial Experience / Zhang Qi -- Precedent Revisited / Ewoud Hondias. Edited By Thomas Bustamante And Carlos Bernal Pulido. Includes Bibliographical References. Introduction -- Thomas Bustamente and Carlos Bernal Pulido The philosophy of precedent: conceptual analysis and rational reconstruction -- Pierluigi Chiassoni Rationality and (self) precedent: brief considerations concerning the grounding and implications of the rule of self precedent -- Marina Glascón Precedents and balancing -- Carlos Bernal Pulido Finding analogies between cases: on Robert Alexy's third basic operation in the application of law -- Thomas Bustamente Precedential constraint, its scope and strength: a brief survey of the possibilities and their merits -- Larry Alexander The role of precedents as a filter for argumentation -- Patrícia Perrone Campos Mello Precedent as subject of interpretationn (a civil law perspective) -- Victoria Iturralde On the method of searching for guiding cases on the basis of trial experience -- Zhang Qi Precedent revisited -- Ewoud Hondias. TABLE OF CONTENTS INTRODUCTION I ON THE STRUCTURE AND THE JUSTIFICATION OF PRECEDENTS THE PHILOSOPHY OF PRECEDENT: CONCEPTUAL ANALYSIS AND RATIONAL RECONSTRUCTION RATIONALITY AND (SELF) PRECEDENT: BRIEF CONSIDERATIONS CONCERNING THE GROUNDING AND IMPLICATIONS OF THE RULE OF SELF PRECEDENT PRECEDENTS AND BALANCING FINDING ANALOGIES BETWEEN CASES: ON ROBERT ALEXY’S THIRD BASIC OPERATION IN THE APPLICATION OF LAW II ON THE STRENGTH AND THE USES OF PRECEDENTS PRECEDENTIAL CONSTRAINT, ITS SCOPE AND STRENGTH: A BRIEF SURVEY OF THE POSSIBILITIES AND THEIR MERITS THE ROLE OF PRECEDENTS AS A FILTER FOR ARGUMENTATION III PRECEDENTS IN CONTEMPORARY LEGAL CULTURES PRECEDENT AS SUBJECT OF INTERPRETATION (A CIVIL LAW PERSPECTIVE) ON THE METHOD OF SEARCHING FOR GUIDING CASES ON THE BASIS OF TRIAL EXPERIENCE PRECEDENT REVISITED THE AUTHORS