Replies from (Im)prudence: Comments to the Critics to “On Summarizing Case-Law and Precedents”

Abstract

In this article, I try to respond to the criticisms and comments of Professors Sandra Gómora Juárez, Luiz Guilherme Marinoni and Luca Passanante. First, I address some of the criticisms that the three authors brought to my attention. In particular, I focus on the relevance of the issue, the need to apply precedents by analogy, and the risk inherent in institutional mechanisms for identifying rationes decidendi entail. Then, a specific section is dedicated to some of the points critically highlighted by each commentator.