Full Description
This book brings together contributions with different approaches to the study of precedent as both 'rules' and 'practice'. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court's jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?
Contents
Introduction: Precedents as Rules and Practice
Amalie Frese and Julius Schumann
The Weight of Precedent: From Abstract Theorizing to Concrete Application: The case of the ECtHR
Henrik Palmer Olsen and Martin Lolle Christensen
The Practical Construction of Precedent in the Jurisprudence of the European Court of Human Rights
Amalie Frese
Reconstructing Scholarly Authority in International Law
William Hamilton Byrne
Culture Clash: The Sociology of WTO Precedent
Harlan Grant Cohen
Reasoning with past cases at the CJEU: linguistic, institutional and systemic constraints
Elina Paunio
Precedents - A Question of Memory
Julius Schumann
Precedents in Private Law - A Civil Law Perspective
Georg Kodek
The Precedent in the ICC Jurisprudence
Raphaëlle Nollez-Goldbach
