Open AccessDimensions of precedent: a methodology to understand the doctrine of precedent
Author(s) -
Ratti Mendaña,
Florencia Soledad
Publication year - 2020
Publication title -
perspectivas de las ciencias económicas y jurídicas
Language(s) - English
Resource type - Journals
eISSN - 2545-8566
pISSN - 2250-4087
DOI - 10.19137/perspectivas-2021-v11n1a05
Subject(s) - doctrine , law , legal doctrine , work (physics) , set (abstract data type) , political science , common law , order (exchange) , sociology , law and economics , computer science , engineering , business , mechanical engineering , finance , programming language
This article evidences multiple ways in which judicial precedent is used in different legal systems. It shows that: a) precedent is currently used, one way or another, in every legal system but its use differs in each legal system and frequently it is used differently even between courts of the same legal system; b) a comparative analysis under the methodology hereby proposed would provide useful tools in order to address how to “treat like cases alike”. The main aim of this research is to set the conceptual framework for an adequate understanding and study of the doctrine of precedent. To do this, some dimensions of the doctrine of precedent will be added to those enumerated by Michele Taruffo and analyzed not only theoretically, but also under concrete examples of how they work in different legal systems —both of common law and civil law.