Contributions by ‘Frederick Schauer’

On Treating Unlike Cases Alike

settled versus right: A Theory of precedent. By Randy J. Kozel.[1] Cambridge University Press. 2017. Pp. x + 180. $99.99 (hardcover), $34.99 (paper). Frederick Schauer[2] Perhaps we should blame Aristotle. In his enduring discussion of justice in the Nicomachean Ethics, Aristotle offered the now-ubiquitous maxim that like cases should be treated alike.[3] Yet despite the…

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Free Speech and Obedience to Law

Several generations ago Alexander Meiklejohn asserted that among the virtues of a regime of freedom of speech was its connection with the obligation to obey the law. More specifically, Meiklejohn maintained not only that the right to voice disagreements with laws was a morally and politically necessary condition of compelling people to obey laws with which they disagreed, but seemed to imply as well that people would in fact be more inclined to obey those laws when they were given the opportunity to object than would be the case were their dissenting voices to be stifled by official action.

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