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Introduction: the usable past. Precedent ; Positivism and precedent ; A theory of precedent?
Why does English law have a doctrine of precedent?. The formation of a doctrine of precedent
Precedents as reasons. Looking for a certain ratio ; Shortcuts to reason ; Pre-emptive precedent? ; Conclusion
Distinguishing, overruling and the problem of self-reference. Distinguishing ; Overruling ; The power to overrule oneself ; The authority of the practice statement
Why follow precedent?. Consequentialist justifications ; Deontological arguments ; Conclusion.
Why does English law have a doctrine of precedent?. The formation of a doctrine of precedent
Precedents as reasons. Looking for a certain ratio ; Shortcuts to reason ; Pre-emptive precedent? ; Conclusion
Distinguishing, overruling and the problem of self-reference. Distinguishing ; Overruling ; The power to overrule oneself ; The authority of the practice statement
Why follow precedent?. Consequentialist justifications ; Deontological arguments ; Conclusion.