It is important to remember that the lack of authority of supreme court decisions derives not only from the theoretical rejection of the idea that supreme courts’ decisions must guide other courts but also from the indifference of people holding significant social positions towards the rationalization of legal distribution within the country. This chapter seeks to demonstrate the importance of respecting precedents, especially to increase predictability and promote equality, economic rationality and personal responsibility.

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Justification for a System of Precedents

  • Luiz Guilherme Marinoni

摘要

It is important to remember that the lack of authority of supreme court decisions derives not only from the theoretical rejection of the idea that supreme courts’ decisions must guide other courts but also from the indifference of people holding significant social positions towards the rationalization of legal distribution within the country. This chapter seeks to demonstrate the importance of respecting precedents, especially to increase predictability and promote equality, economic rationality and personal responsibility.