Lyons

Question 1

Outline the formal justice argument

Answer 1

The formal justice argument is a theoretical approach that emphasizes the importance of consistency, predictability, and equality before he law in the application of legal principles

Question 2

What is the difference between the historical view of precedent and the normative view of precedent?

Answer 2

The historical view regards precedent as a descriptive phenomenon, focusing on the role of past decisions in shaping the development of legal principles.
The normative view of precedent based on its prescriptive value, considering whether it promotes desirable legal outcomes such as justice, fairness, and social welfare

Question 3

Describe and evaluate two solutions to the problem of determining which precedent is relevant

Answer 3

Hierarchy of precedent: on solution involves establishing a hierarchy of precedent where decisions from higher courts carry greater weight and are binding on lower courts (offers a clear framework)
Doctrine of Stare Decisis: mandates courts to follow precedent unless there are compelling reasons to depart from it. (offers flexibility)
Both solutions aim to address the challenge of determining which precedent is relevant