Open Problems about the publication of precedents

Abstract

The objective of the present work is to present some of the central problems that arise from considering publication as a requirement for the existence of precedents. I will defend the thesis that publication is not necessary to speak of a system of precedents or of precedents in particular. I will begin by presenting the importance of the publication of precedents. Next, I will analyze what it means to say that we have precedents. Subsequently, I will show different factors that determine the type of publication, and then I will present the problems generated by considering the publication as a requirement for precedents. I will conclude trying to specify what role publication plays in a system of precedents.