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Precedent as a Social Phenomenon: System, Language and Symbol

Authors: Sungjoon Cho;

Precedent as a Social Phenomenon: System, Language and Symbol

Abstract

Precedent has often been analyzed along the rationalist line and touted for its market-friendly and efficiency-enhancing properties. Yet this consequentialist approach can hardly demonstrate that precedent is in fact a product of habit and custom. This article approaches precedent as a social phenomenon and explains its ostensibly unquestioned compliance pull in terms of system, language and symbol. The linguistic structure of precedent, as a reproductive mechanism, collectively represents the preexisting normative structure that is largely taken-for-granted in a Bourdieuvian sense. Markedly, the social framework on precedent is paradoxically salient in international law, which lacks a centralized, sophisticated legal-institutional complex as seen in a domestic legal system. This article applies this social framework to the jurisprudence of the World Trade Organization (WTO).

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    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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