Precedent and Adjudication

Utilitarian Adjudication

In this paper I offer a defense of the view that judges should decide cases in accordance with act utilitarianism: i.e., in whatever way maximizes overall well-being. To advance this thesis, I first briefly give reasons for dissatisfaction with the commonsense thought that judges should just decide cases as the law requires. I then briefly argue for the claim that all moral agents, including ju...

Diversity and adjudication

This paper takes an axiomatic and calculational view of diversity (or “Nversion programming”), where multiple implementations of the same specification are executed in parallel to increase dependability. The central notion is “adjudication”: once we have multiple, potential different, outcomes, how do we come to a single result? Adjudication operators are explicitly defined and some general pro...

Informative Precedent and Intrajudicial Communication

We develop an informational model of judicial decision-making in which deference to precedent is useful to policy-oriented appellate judges because it improves the accuracy with which they can communicate legal rules to trial judges. Our simple model yields new implications and hypotheses regarding conditions under which judges will maintain or break with precedent, the constraining effect that...

Unit precedent

Precedent in the Making