Law and indirect reports: Citation and precedent

Abstract

In this chapter Alessandro Capone’s claim as the intimate relationship between legal reasoning and indirect reports is investigated through looking at legal citation practices, use of case law, and statutory and constitutional interpretation. Capone’s thought is informed in the chapter through a reference to the work of Ronald Dworkin and Edward H. Levi. The conclusion of the chapter is that Capone is correct that use of indirect reporting in law is ubiquitous and therefore warrants careful study. Further, and opposite of Dworkin’s hope for a univocal use of indirect reports, Levi’s analysis emphasizes the bottom-up, conversational and polyvocal aspects of legal reasoning as is noted by Capone. This in turn requires eliminating the hope for finding or imposing a determinate and univocal meaning on legal citation, case law, and statutory and constitutional interpretation. Instead, continuing dialogue is required. Indeed, legal process should try to include as many voices in the construction of meaning as possible.