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Law - Settled Versus Right: A Theory of Precedent

Description

Book Synopsis: In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel 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. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

Details

Are you tired of the constant shifts in constitutional law? Do you wish for a more stable and impersonal approach to legal precedents? Look no further than "Settled Versus Right: A Theory of Precedent" by Randy J. Kozel. This groundbreaking book offers a fresh perspective on the prevailing approach to precedent in American law, addressing the inherent challenges that stem from principled disagreements among judges.

At the heart of Kozel's theory is the idea that our current approach to precedent is flawed, as it allows individual judges' personal views to undermine legal continuity. By analyzing the structure and composition of the doctrine, Kozel recognizes the need for a new direction that transcends subjective opinions. With his innovative framework, the durability of precedent will no longer be swayed by debates over right and wrong, ultimately providing a more reliable foundation for constitutional interpretation.

If you're intrigued by the idea of a more stable legal system and the trajectory of constitutional law, "Settled Versus Right: A Theory of Precedent" is a must-read. This thought-provoking book challenges conventional wisdom and offers a compelling path forward. Get your copy today and join the conversation about the nature of the judicial role.

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