On Summarizing Case Law and Precedents: Real Life Cases

Abstract

This contribution analyzes some thesis of the article “On precedents and the institutionalized mechanisms for identifying rationes decidendi”, the main discussion topic in the current issu of Discusiones. There is no doubt that the problems derived from the so-called maximization of precedents —broadly understood as the institutional practice of extracting in a separate document, the text expressing the ratio decidendi from the judgment considered as a precedent—are very interesting and need to be addressed. The following sections discuss some of the more challenging problems derived from the so-called maximization of precedents, which are the ones that could bring light to the convenience of the very practice.