Abstract

An essay in normative jurisprudence where the author is concerned with delineating and evaluating legal decision procedures. The appeal to precedent and equity are critically examined and found to be deficient. Wasserstrom proposes as an improvement a two-level decision procedure, which is like precedent in appealing to a rule of law as a necessary condition for deciding a case, and like equity "in that considerations of justice are directly relevant to the justification of any decision." He frankly admits that this decision procedure is an improvement at the "price of becoming imprecise at certain crucial points." The discussion is informed throughout with an appreciation of both legal and philosophical treatments of the issues.--S. M. W.