Precedent and Civil Law: The Road Ahead. Reflections on Precedent Based on the Works of Flavia Carbonell and Rodrigo Camarena

Abstract

This paper is the result of the analysis and discussion that took place at the Problema. Anuario de filosofía y teoría del derecho seminar entitled “The Construction of Precedent in Civil Law: Debates, Concepts and Challenges.” At this event, Flavia Carbonell and Rodrigo Camarena delivered a concise presentation on precedent in their respective countries (Chile and Mexico), addressing issues of a regulatory, practical, theoretical and conceptual nature. Having witnessed both their arguments with keen interest and inspired by their presentations, I offer my points of view on the most important and prominent aspects of their contributions.