By José Juan Moreso, Pablo E. Navarro, Cristina Redondo
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Extra resources for Conocimiento jurídico y determinación normativa
28 RULES—IN LAW AND ELSEWHERE will want to deal with that future when we get there. It is precisely in the inevitable generality of rules, therefore, that we are forced to confront the tension between what a rule says and what it might best be interpreted to do, a tension that pervades the use of rules both in law and outside of it. 4 The Formality of Law There is no uniform answer to whether and when the language of a rule will or should yield to the goal of reaching the best result in the particular case.
Like vertical precedent, stare decisis—horizontal precedent—is about following the decisions of others. But although both vertical and horizontal precedents involve following the decisions of others, the distinction between a court’s following the decision of a higher court and its following its own previous decisions is important enough in numerous contexts to be worth emphasizing even before we see just what the obligation to follow entails, and before we examine the complications that are involved when these obligations arise in actual practice.
You would receive a speeding ticket, and you would get that ticket even though the goal of the speed limit rule was to make people drive safely, and, most importantly, you would get the ticket even though you were driving safely. This example may seem trivial, even silly, yet it illustrates a larger and central point about the very idea of a rule. 4 Just as the typical speed limit is designed to promote safety on the highways, so the goal of the Rule Against Perpetuities is to limit to a plausible time the period of uncertainty in the possession and disposition of property.