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Dissenting Judgments In The Law

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Dissenting Judgments In The Law

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Author : Neal Geach
language : en
Publisher: Wildy, Simmonds & Hill Publishing
Release Date : 2018-05-31

Dissenting Judgments In The Law written by Neal Geach and has been published by Wildy, Simmonds & Hill Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with categories.

In Dissenting Judgments in the Law a team of expert contributors reassess nineteen landmark cases from different areas of the law, each of which had the potential for the law to have developed in a markedly different direction. The cases have been selected on account of their continued relevance to the law today or the controversial nature of the majority's decision. A key feature of each case was a dissenting opinion from a judge who thought that the law should develop in a different direction. The aim of the contributors is to re-evaluate important cases, such as Plessy v Ferguson (1896) and R v Brown [1994], by assessing the merits of the judgments given, before deciding whether the law would, in fact, have been better served by following the dissenting opinion rather than that of the majority of judges in the case. The judicial reasoning in each case is explored in depth and is contrasted with differing approaches in other jurisdictions. Where relevant, a comparative analysis is employed in order to show how the law, by not following the dissenting opinion, has developed out of step with other common law jurisdictions. Each contributor then sets out what impact the dissenting judgment might have had on the law if it had decided the case and assess where the law in that particular field would be today. "a highly stimulating book" From the foreword by Lord Nicholls of Birkenhead

Discordant Notes Volume 1

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Author : Rohinton Fali Nariman
language : en
Publisher: Penguin Random House India Private Limited
Release Date : 2021-08-30

Discordant Notes Volume 1 written by Rohinton Fali Nariman and has been published by Penguin Random House India Private Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.

A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in India's legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as 'Great Dissenters', for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in India's legal history.

The Intricacies Of Dicta And Dissent

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Author : Neil Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-12

The Intricacies Of Dicta And Dissent written by Neil Duxbury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.

Discordant Notes Volume 2

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Author : Rohinton Fali Nariman
language : en
Publisher: Penguin Random House India Private Limited
Release Date : 2021-08-30

Discordant Notes Volume 2 written by Rohinton Fali Nariman and has been published by Penguin Random House India Private Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.

Dissenting Opinions

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Author : Michael Sexton
language : en
Publisher:
Release Date : 2020-06-17

Dissenting Opinions written by Michael Sexton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-17 with Law categories.

The term "dissenting opinions" is normally used in the law to describe the judgments of those members of appellate courts who take a different view in a particular case from their colleagues who form the majority and effectively decide the question before the court. I have used it, however, in relation to this collection of articles and book reviews published over several decades because they proposed in the main a departure from what might be characterised as the conventional wisdom, that is, the views and values of those who preside over most public and private intuitions in Australia, including much of the media. I do not suggest for a moment that there has been any disadvantage to myself as a result of these publications but I have suggested in some of the pieces concerning the relatively recent phenomenon of political correctness that this climate of conformity has had a chilling effect on public debate. And that young people embarking on their careers now have to be wary of expressing unconventional opinions. This is even - and perhaps particularly - so in universities which historically were places where established ideas were always open to challenge. Although some of these pieces are from earlier periods, most concern questions that are still controversial and can be taken as a contribution to those on-going discussions. Most importantly, however, they represent the hope that there will be much greater scope in the immediate future for the full-blooded public debate of social, economic and political issues in Australia.

The Nature Of The Judicial Process

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Author : Benjamin N. Cardozo
language : en
Publisher: Courier Corporation
Release Date : 2005-01-01

The Nature Of The Judicial Process written by Benjamin N. Cardozo and has been published by Courier Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.

In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.

Settled Versus Right

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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06

Settled Versus Right written by Randy J. Kozel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Dissenting Judgments In The Law

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Author : Neal Geach
language : en
Publisher:
Release Date : 2012

Dissenting Judgments In The Law written by Neal Geach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Dissenting opinions categories.

In Dissenting Judgments in the Law a team of expert contributors reassess nineteen landmark cases from different areas of the law, each of which had the potential for the law to have developed in a markedly different direction. The cases have been selected on account of their continued relevance to the law today or the controversial nature of the majority's decision. A key feature of each case was a dissenting opinion from a judge who thought that the law should develop in a different direction. The aim of the contributors is to re-evaluate important cases, such as YL v Birmingham City Council [2007] UKHL 27, Scruttons Ltd v Midland Silicones Ltd [1962] AC 446 and R v Hinks [2000] UKHL 53 by assessing the merits of the judgements given, before deciding whether the law would, in fact, have been better served by following the dissenting opinion rather than that of the majority of judges in the case. The judicial reasoning in each case is explored in depth and is contrasted with differing approaches in other jurisdictions. Where relevant, a comparative analysis is employed in order to show how the law, by not following the dissenting opinion, has developed out of step with other common law jurisdictions. Each contributor then sets out what impact the dissenting judgment might have had on the law if it had decided the case and assess where the law in that particular field would be today. A highly stimulating book Frome the Foreword by Lord Nicholls of Birkenhead A highly throught-provoking book which will reach out to the law student, the practitioner and the jurisprudent for the excellence of the controversies set out Phillip Taylor, Richmond Green Chambers

The Majesty Of The Law

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Author : Sandra Day O'Connor
language : en
Publisher: Random House (NY)
Release Date : 2003

The Majesty Of The Law written by Sandra Day O'Connor and has been published by Random House (NY) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Biography & Autobiography categories.

InThe Majesty of the Law, Supreme Court Justice Sandra Day O’Connor explores the law, her life as a Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, and ideas, O’Connor sheds new light on the basics, and through personal observation she explores the development of institutions and ideas we have come to regard as fundamental. O’Connor discusses notable cases that have shaped American democracy and the Court as we know it today, and she traces the turbulent battle women have fought for a place in our nation’s legal system since America’s inception. Straight-talking, clear-eyed, inspiring,The Majesty of the Lawis more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also contains a discussion of how the suffrage movement changed the lives of women—in voting booths, jury boxes, and homes across the country. InThe Majesty of the Law, Sandra Day O’Connor reveals some of what she has learned and believes about American law and life, insights gleaned over her years as one of the most powerful and inspiring women in American history.

Legal Method And Reasoning

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Author : Sharon Hanson
language : en
Publisher: Routledge
Release Date : 2012-09-10

Legal Method And Reasoning written by Sharon Hanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.

Language skills,study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method Reasoning offers a range of 'how to' techniques for acquiring these skills. It shows how to handle and use legal texts, how to read and write about the law, how to acquire disciplined study techniques and how to construct legal arguments. This new edition will be of value to both undergraduate and postgraduate law students.

Dissenting Judgments In The Law

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