PHIL 165 Lecture Notes - Lecture 2: Precedent, Antonin Scalia, Planned Parenthood
Document Summary
Planned parenthood: analogy: use ruling from one case to rule on current case, extraction of principle: look at many old cases, and look at patterns, and extract a principle that regards all of those cases. Then apply principle to the current case: test: in one case, find a test that can be used to apply to current case, problems, do(cid:374)"t ha(cid:448)e to appeal to perso(cid:374)al (cid:448)ie(cid:449)s to de(cid:272)ide (cid:272)ase, just look at past . Sometimes tests include value judgments themselves: precedents may conflict. Judgment: might decide past precedent was a bad decision (bowers v hardwick), when using analogy: cases might have differences, should analogy still apply, value judgments. Look at tradition: maybe some traditions are bad. Fine or execution: yes fine, no execution, non-consequentialist, violating a right vs simply not infringing a right matters to non- consequentialist, not just consequences matter, value of the rule of law.
