Resumo

ZORZETTO, Silvia. Precedents as a set of legal arguments. An exercise of disenchantment beyond analogy and authority. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.168, pp.277-322.  Epub 29-Nov-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.168.18867.

The article aims to analyse the uses of judicial precedents that go beyond the narrower and classical view, i.e. where a precedent such as the ratio decidendi is used as a normative basis for a later case. The study analyses a variety of other jurisprudential usages that are widespread in many legal systems, both common law and civil law. Each of them proves to be of general value and highlights some philosophically significant aspects of existing legal systems. The study thus shows that the uses of precedent associated with the analogy a pari/ simili and a fortiori and with the principle of authority are not the only ones and that the link between analogy and authority and the reasons for using precedent are contingent.

Palavras-chave : case law precedent; legal arguments; analogy; authority.

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