Settled Versus Right: A Theory of Precedent (Hardcover) (ISBN-13: 9781107127531)

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.

Author: Randy J. Kozel
ISBN-10: 110712753X
ISBN-13: 9781107127531
Publisher: Cambridge University Press
Language: English
Published: 06/06/2017
Pages: 188
Format: Hardcover
Weight: 0.85lbs
Size: 9.10h x 6.20w x 0.60d

Review Citation(s):
Choice 02/01/2018