Settled Versus Right

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188 pages 2017

About This Book

"[This book] develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. [The author] 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."--

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