Precedents and Institutionalized Mechanisms for the Identification of the Ratio Decidendi: Critical Thoughts

Abstract

This paper is a commentary on the thesis developed by Prof. Álvaro Núñez Vaquero on the institutionalized mechanisms for identifying rationes decidendi. The article is conceived as a dialogue with the author, so its structure follows, with some variations, the work we are dealing with. The introductory section is followed by some observations on the terminological aspects related to the concepts of precedent, jurisprudence, and the rule of precedent. The third section is dedicated to discuss the central issue of institutionalized systems for the identification of rationes decidendi. The last two sections are dedicated to analyzing the advantages and disadvantages of such systems. Some brief conclusions follow, containing a synthesis of my positions with respect to those of the author of the work discussed here.