Interpreting Precedents
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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.
Precedents Statutes And Analysis Of Legal Concepts
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Author : Scott Brewer
language : en
Publisher: Routledge
Release Date : 2013-06-17
Precedents Statutes And Analysis Of Legal Concepts written by Scott Brewer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Philosophy categories.
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Interpreting Statutes
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Author : D. Neil MacCormick
language : en
Publisher: Routledge
Release Date : 2016-12-05
Interpreting Statutes 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 is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
Exploring The Law
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Author : Colin Manchester
language : en
Publisher:
Release Date : 2006
Exploring The Law written by Colin Manchester and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Forms (Law) categories.
This book takes a unique approach to precedent and statutory interpretation which are considered in the context of self-contained case studies on selected topics of substantive law commonly taught in first year undergraduate programmes. It provides an initial overview of the principles of statutory interpretation and precedent, with extensive cross-referencing to their detailed consideration in case studies. It uses case studies throughout to extract the principles of statutory interpretation and precedent from substantive law. It examines the EU influence on principles of statutory interpretation. It analyses the ongoing implications of the Human Rights Act 1998 and resulting case law. It provides students with guidance on further reading at the end of chapters
The Politics Of Precedent On The U S Supreme Court
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Author : Thomas G. Hansford
language : en
Publisher: Princeton University Press
Release Date : 2018-06-05
The Politics Of Precedent On The U S Supreme Court written by Thomas G. Hansford and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Exploring The Law
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Author :
language : en
Publisher:
Release Date : 1996
Exploring The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
The Power Of Precedent
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Author : Michael J. Gerhardt
language : en
Publisher: Oxford University Press
Release Date : 2011
The Power Of Precedent written by Michael J. Gerhardt 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 2011 with Law categories.
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Precedents As Rules And Practice
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Author : Amalie Frese
language : en
Publisher: Nomos Verlag
Release Date : 2021-09-29
Precedents As Rules And Practice written by Amalie Frese and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-29 with Law categories.
Präjudizien haben heute in den unterschiedlichsten Rechtssystemen eine erhebliche Bedeutung für die juristische Entscheidungsfindung. Umso mehr besteht daher das Bedürfnis, deren Entstehungsbedingungen und deren tatsächlichen Einfluss auf die Praxis zu verstehen. Neben dogmatischen Arbeiten wurden in den letzten Jahren vermehrt Studien publiziert, die mit empirischen Methoden sowie sozialwissenschaftlichen Perspektiven der Praxis nationaler wie auch internationaler Gerichte näherkommen wollten. Das gab Anlass verschiedene theoriebezogene wie auch empirische Forschungszugänge, die im Zuge einer Konferenz präsentiert wurden, gemeinsam in einem Buch zu verbinden. So bietet das Buch unter anderem eine Analyse des Einflusses der linguistischen Praxis auf die Entscheidungsbegründungen des EuGH, die Erstellung eines Zitationsnetzwerks sowie ganz generell die Diskussion über den Wert neuer Methoden und Perspektiven in der Arbeit mit und der Forschung zu Präjudizien.
Precedents Statutes And Analysis Of Legal Concepts
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Author : Scott Brewer
language : en
Publisher:
Release Date : 1998
Precedents Statutes And Analysis Of Legal Concepts written by Scott Brewer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Judicial process categories.
Precedents And Case Based Reasoning In The European Court Of Justice
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Author : Marc Jacob
language : en
Publisher: Cambridge University Press
Release Date : 2014-03-20
Precedents And Case Based Reasoning In The European Court Of Justice written by Marc Jacob 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 2014-03-20 with Law categories.
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.