Common Precedents
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Common Precedents
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Author : Ayelet Ben-Yishai
language : en
Publisher: Oxford University Press
Release Date : 2013-03-13
Common Precedents written by Ayelet Ben-Yishai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-13 with Literary Criticism categories.
Common Precedents maintains that precedent constitutes a sophisticated and powerful mechanism for managing social and cultural change. Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, this analysis of law and literature shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. An in-depth analysis of Victorian law reports argues that precedential reasoning enables the recognition of the new and its assimilation as part of a continuous past. The binding force of precedent, which ties judges to decisions made by their predecessors, also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became material. It was vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai's monograph argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified. Common Precedents thus presents a cultural history of the forms of precedent and an intricate study of the formation of social convention.
Precedent And Law
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Author : Julius Stone
language : en
Publisher: Butterworth-Heinemann
Release Date : 1985
Precedent And Law written by Julius Stone and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
Precedents Of Pleadings In Personal Actions In The Superior Courts Of Common Law
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Author : Edward Bullen
language : en
Publisher:
Release Date : 1868
Precedents Of Pleadings In Personal Actions In The Superior Courts Of Common Law written by Edward Bullen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1868 with Forms (Law) categories.
Common Precedents In Conveyancing
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Author : Hugh McNab Humphry
language : en
Publisher:
Release Date : 1882
Common Precedents In Conveyancing written by Hugh McNab Humphry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1882 with Catalogs, Publishers' categories.
Encyclopedia Of Forms And Precedents For Pleading And Practice At Common Law In Equity And Under The Various Codes And Practice Acts
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Author : William Henry Michael
language : en
Publisher:
Release Date : 1898
Encyclopedia Of Forms And Precedents For Pleading And Practice At Common Law In Equity And Under The Various Codes And Practice Acts written by William Henry Michael and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Civil procedure categories.
Precedents Of Pleading At Common Law With Annotations
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Author :
language : en
Publisher:
Release Date : 1910
Precedents Of Pleading At Common Law With Annotations written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1910 with Pleading categories.
Interpreting Precedents
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Author : D. Neil MacCormick
language : en
Publisher: Routledge
Release Date : 2016-12-05
Interpreting Precedents written by D. Neil MacCormick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
Encyclopedia Of Forms And Precedents For Pleading And Practice
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Author : William Henry Michael
language : en
Publisher:
Release Date : 1898
Encyclopedia Of Forms And Precedents For Pleading And Practice written by William Henry Michael and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Civil procedure categories.
Precedents Of Pleadings In Personal Actions In The Superior Courts Of Common Law
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Author : Edward Bullen
language : en
Publisher:
Release Date : 1963
Precedents Of Pleadings In Personal Actions In The Superior Courts Of Common Law written by Edward Bullen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Pleading categories.
Philosophical Foundations Of Precedent
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Author : Timothy Endicott
language : en
Publisher: Oxford University Press
Release Date : 2023-03-27
Philosophical Foundations Of Precedent written by Timothy Endicott and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-27 with Law categories.
Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.