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March 1, 2024Ratio Juris1 citations

The Two Faces of Binding Precedents: A Hohfeldian Look

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MCMaría Beatriz Arriagada Cáceres

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Abstract

Abstract 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.

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María Beatriz Arriagada Cáceres (2024) studied this question.

synapsesocial.com/papers/68e7681cb6db6435876dd415https://doi.org/10.1111/raju.12400
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