The Two Faces of Binding Precedents: A Hohfeldian Look

Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning o...

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Bibliographic Details
Published in:Ratio juris 2024-03, Vol.37 (1), p.25-47
Main Author: Arriagada, María Beatriz
Format: Article
Language:English
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Summary:Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals whose legal situations are as a result modified by the observance and the breach of those precedents.
ISSN:0952-1917
1467-9337
DOI:10.1111/raju.12400