Precedent

Schauer, F. (1987). Precedent. Stanford Law Review, 39(3), 571-605.

Type

Journal article

Intellectual base

Primary research

Year

1987

DOI

10.2307/1228760

Link

https://doi.org/10.2307/1228760

Cited from

law_governance

Cited by

2 citations across 2 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Precedent (Stare Decisis)
  • Precedent produces three concurrent goods: predictability (parties can anticipate outcomes), consistency (like cases treated alike across time and decision-makers), and decisional efficiency (past reasoning is reused rather than redeveloped) — values Schauer (1987) systematically defends as the core justifications for precedential constraint.

Mechanisms

• Precedent and Rationale Repository
  • This is path dependence used deliberately — the stabilizing kind.

    This sourceExplains that precedent is justified in part by the stability and predictability it creates.

Verification

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Registry ID ref:09deddfd55ad · see in the full table