No court decision can be written without reference to other texts. Quotations and citations are omnipresent in judicial decisions. In every decision, at least the relevant statutory provisions or, depending on the legal system, also precedents must be taken into account. The obligation to adhere to the applicable law—whether in the form of binding precedent or the principle of statutory adherence—requires judges to consider texts and thus ultimately to engage in intertextual work.

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Introduction

  • Joy Steigler-Herms

摘要

No court decision can be written without reference to other texts. Quotations and citations are omnipresent in judicial decisions. In every decision, at least the relevant statutory provisions or, depending on the legal system, also precedents must be taken into account. The obligation to adhere to the applicable law—whether in the form of binding precedent or the principle of statutory adherence—requires judges to consider texts and thus ultimately to engage in intertextual work.