The Meaning of "Precedent"

Frederick Schauer, University of Virginia School of Law, is publishing Precedent in the Routledge Companion to the Philosophy of Law (Andrei Marmor ed., 2011?). Here is the abstract.

This article on precedent, prepared as an entry for the forthcoming Routledge Companion to the Philosophy of Law (Andrei Marmor, ed.), examines the main philosophical and jurisprudential issues involved with the concept of precedent and its role in legal reasoning and legal decision-making. Among the themes covered are the fundamental idea of a past decision being a reason just because of its existence, the distinction between precedential and analogical reasoning, the issues involved in determining which past decisions are precedents for which current ones, the relation between precedent and rules, and the normative and institutional design questions of when a system of precedential constraint is desirable and when it is not.

Download the text from SSRN at the link.