Class 13: Respect for Precedent

Stare decisis is the doctrine that requires respect for past judicial decisions.  Horizontal stare decisis means respect for past decisions by the same court.  This week we’ll look at some of the puzzling features of this doctrine, and at whether, in what sense, and why it could ever require respecting decisions that were originally wrongly decided.  We’ll be interested in how the idea that laws or constitutional traditions are interpretive objects can help to shed light on this difficult practical problem.

The main assigned reading for today’s class is chapter 8 of Interpretive Objects.

No suggested readings for this week.