Law Professor Randy Kozel develops a theory of precedent in new book | News | Notre Dame News | University of Notre Dame Skip To Content Skip To Navigation Skip To Search University of Notre Dame Notre Dame News Experts ND in the News Subscribe About Us Home Contact Search Menu Home › News › Law Professor Randy Kozel develops a theory of precedent in new book Law Professor Randy Kozel develops a theory of precedent in new book Published: July 13, 2017 Author: Kevin Allen In the American legal system, it’s a generally accepted view that judges should not disrupt the decisions of their predecessors unless they have a compelling reason to do so. The principle is known by the Latin phrase “stare decisis,” which means “to stand by things decided.” The goal is to preserve the law’s core without permanently entrenching every judicial mistake. The key question is: When should judges break from precedent? After all, even Supreme Court justices disagree about the role of precedent in particular cases. Randy J. Kozel, a law professor and associate dean for faculty research and development at Notre Dame Law School, examines this question in his new book, “Settled Versus Right: A Theory of Precedent,” published by Cambridge University Press. At first glance, he writes, the question of whether judges should stand by prior decisions they view as incorrect or set the record straight may appear to have an obvious answer. “But the calculus turns out to be complicated,” he writes. “People might have made investments and modified their behaviors as a result of past judicial decisions. There is also the worry that if judicial decisions are reversed too readily, the law will lose its durability and impersonality and be reduced to whatever today’s judges say it is.” Kozel, who also directs the Law School’s Program on Constitutional Structure, presents a theory of precedent that is designed to enhance the stability and impersonality of constitutional law. He argues that deference to precedent promotes the rule of law. “Deference to precedent advances the valuable ideal that it takes something more than a group of nine (or, in a split decision, five) individuals to revise what the Constitution requires,” he writes. “Under a system of stare decisis, the potential vacillation of constitutional law following changes in judicial personnel is replaced by an abiding sense of stability and impersonality.” Kozel said precedent has been one of his longstanding interests. “The role of prior decisions is always in the background, but there are also lots of cases where it moves to the forefront,” he said. “My focus is on showing why there might be good reasons to tolerate a decision, even if you disagree with it,” he said. “It seems counterintuitive that judges should sometimes make decisions they disagree with, but there are benefits to having constancy in the law.” Contact: Randy Kozel, 574-631-2727 or rkozel@nd.edu Posted In: Colleges & Schools Home Experts ND in the News Subscribe About Us Related October 04, 2022 NIH awards $4 million grant to psychologists researching suicide prevention September 27, 2022 Alpha Phi Alpha president to be featured ‘fireside chat’ guest September 19, 2022 Notre Dame Patient Advocacy Initiative receives support from Dyne Therapeutics September 16, 2022 School of Architecture to host Notre-Dame Cathedral restoration architects September 16, 2022 Notre Dame Patient Advocacy Initiative receives founding gift from Horizon Therapeutics For the Media Contact Office of Public Affairs and Communications Notre Dame News 500 Grace Hall Notre Dame, IN 46556 USA Facebook Twitter Instagram YouTube Pinterest © 2022 University of Notre Dame Search Mobile App News Events Visit Accessibility Facebook Twitter Instagram YouTube LinkedIn