Description
The Logic of Precedent offers a rigorous philosophical and logical analysis of how precedent operates within common law systems. John Horty examines the fundamental mechanisms through which earlier court decisions constrain and guide subsequent legal reasoning, while also preserving judicial freedom and flexibility.
The book addresses a central paradox in common law: how precedents can be both binding and flexible, authoritative yet subject to reinterpretation. Horty develops a sophisticated logical framework that explains when and why precedents apply, how they can be distinguished or overruled, and what role they play in judicial decision-making.
Drawing on formal logic, jurisprudence, and case law analysis, this work provides legal scholars, philosophers, and practitioners with tools for understanding the rationality behind precedent-based reasoning. It challenges conventional approaches while offering innovative insights into the nature of legal constraint and interpretive freedom in common law traditions.
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