Jamal Awil

← Frederick Schauer - Thinking Like a…

A mandatory precedent will sometimes. [fact]

A mandatory precedent will sometimes, by virtue of its authoritative status, block an otherwise preferred current decision. … Law's use of precedent thus differs substantially from law's use of analogy, for in the latter a previous decision is selected in order to support an argument now, while in the former a previous decision imposes itself to preclude an otherwise preferred outcome.

Unknown, Frederick Schauer - Thinkin…, loc. 162