Resumo

RATTI MENDANA, Florencia. Building a legal culture for precedent: challenges and solutions. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.168, pp.177-210.  Epub 29-Nov-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.168.18872.

This paper describes some deficient practices in the application of precedent -focusing on Argentina- and offers ways to change. It departs from the following premises: (1) precedent can work differently within legal systems (in fact, its application and its value can vary within the same system or even within the same court), but (2) there are practices of current application of precedent that contradict the specific purposes of respect for past decisions (legal certainty, equality, procedural economy). As far as those practices are concerned, the thesis is that normative regulation of precedent is insufficient to improve them, and that the modification of certain forensic attitudes is necessary. Some possible solutions are identified, among which training of diverse legal subjects stands out.

Palavras-chave : precedent; challenges; opinions; judge; case method.

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