•  8
    Precedent and Fairness
    Legal Theory 29 (3): 185-201. 2023.
    Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly. The second is that, in general, a court is as likely to decide an instant case correctly as it was to decide a previous and like case correctly. Together, these claims tell us that departing…Read more
  •  2
    Introduction by the Guest Editors
    Legal Theory 29 (2): 89-89. 2023.