Philosophical Foundations Of Precedent
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Philosophical Foundations Of Precedent
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Author : Timothy Endicott
language : en
Publisher: Oxford University Press
Release Date : 2023
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 with Law categories.
This fascinating edited volume focuses on the nature and authority of precedent and forms of reasoning that it involves in common law and civil law systems. It addresses fundamental principles as to how and when to act following precedent and reasons for which it may be best to depart from precedent.
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.
Philosophical Foundations Of Language In The Law
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-06-16
Philosophical Foundations Of Language In The Law written by Andrei Marmor and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-16 with Language Arts & Disciplines categories.
This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.
Ratio Decidendi And Obiter Dictum
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Author : Daniel Mitidiero
language : en
Publisher: Springer Nature
Release Date : 2025-07-16
Ratio Decidendi And Obiter Dictum written by Daniel Mitidiero and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-16 with Law categories.
This book explores the concepts of ratio decidendi and obiter dictum from a historical-comparative perspective. It provides a comprehensive review of legal doctrine on precedent, delving into English and American Law so to illustrate its applicability to the Brazilian legal system. How we deal with precedents is its main topic. Definitions within legal fields have always been subject to significant debate, with some recurring more often than others. Every now and then, a perspective arises which transforms the orthodoxy. As such is the case with the notion of precedent. Outlining its contours establishes a continuity between disparate and temporally distinct traditions. It requires theoretical-philosophical speculation, historical-comparative sense, and attention to the particularities of Brazilian Law. This book includes in-depth discussions of the development of the various understandings of the ratio, outlines the notions of ratio decidendi and obiter dictum, and illustrates its application within legal practice. It suggests an understating of the ratio capable of dealing with identical, similar and distinct issues in the Brazilian legal system. Following an extensive debate on the characterisation of the ratio, it explores the notion of obiter dictum, its definition, abilities and effects. The target audience of this book includes researchers, scholars and practitioners, especially those interested in the practice of precedent from a perspective that intertwines legal theory, legal history and comparative law.
Proof Evidence And Hate Crime
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Author : Tshepo Bogosi Mosaka
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-18
Proof Evidence And Hate Crime written by Tshepo Bogosi Mosaka and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-18 with Law categories.
Proof is the property of a disputed fact being established inferentially from an extant fact. This book explicates the structural components of this phenomenon in the context of hate crimes across various jurisdictions around the world. It departs from the orthodox conception of evidence and proof as being a general, value-neutral (or non-normative) and epistemic subject, and offers a relativistic conception of this area of law. The core argument is that proof is both semantically and methodologically determined by three conditions of materiality, process and probativity. This argument is then justified by the context-specific application of this relativistic theory of proof to hate crimes. This theoretical application of proof is sustained throughout the book using multiple examples and illustrations of hate crimes around the world. The discussion, both at the level of proof and hate crimes, while focusing on the grounds of race, religion and ethnicity specifically, is framed in jurisprudential, cross-jurisdictional and interdisciplinary terms. The book will be of interest to academics and researchers working in the areas of criminal law, legal philosophy and procedural law.
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.
The Philosophy Of Exemplarity
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Author : Jakub Mácha
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-28
The Philosophy Of Exemplarity written by Jakub Mácha and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-28 with Philosophy categories.
This book offers an original philosophical perspective on exemplarity. Inspired by Wittgenstein’s later work and Derrida’s theory of deconstruction, it argues that examples are not static entities but rather oscillate between singular and universal moments. There is a broad consensus that exemplary cases mediate between singular instances and universal concepts or norms. In the first part of the book, Mácha contends that there is a kind of différance between singular examples and general exemplars or paradigms. Every example is, in part, also an exemplar, and vice versa. Furthermore, he develops a paracomplete approach to the logic of exemplarity, which allows us to say of an exemplar of X neither that it is an X nor that it is not an X. This paradox is structurally isomorphic to Russell’s paradox and can be addressed in similar ways. In the second part of the book, Mácha presents four historical studies that exemplify the ideas developed in the first part. This part begins with Plato’s Forms, understood as standards/paradigms, before considering Kant’s theory of reflective judgment as a general epistemological account of exemplarity. This is then followed by analyses of Hegel’s conceptual moment of particularity and Kuhn’s concept of paradigm. The book concludes by discussing the speculative hypothesis that all our knowledge is based on paradigms, which, following the logic of exemplarity, are neither true nor false. The Philosophy of Exemplarity will be of interest to scholars and advanced students working in philosophy of language, logic, history of philosophy, and literary theory.
Precedent In English Law
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Author : Sir Rupert Cross
language : en
Publisher:
Release Date : 2023
Precedent In English Law written by Sir Rupert Cross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Stare decisis categories.
Presenting a basic guide to current doctrine of precedent in England, this book discusses such topics as "ratio decidendi", the role of precedents in legal reasoning and their significance as a source of law. This edition takes into account recent developments and the impact of EC law.
The Rights Of Groups
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Author : Lawrence Rosen
language : en
Publisher: NYU Press
Release Date : 2024-08-13
The Rights Of Groups written by Lawrence Rosen and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-13 with Law categories.
"Viewed through the lens of cultural theory, the concept of community that is vital to Americans' self-image is explored in a number of social and legal contexts, including recent decisions about abortion, Native rights, university investments, and the ownership of cultural property"--
Oxford Studies In Philosophy Of Law Volume 5
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-08-22
Oxford Studies In Philosophy Of Law Volume 5 written by 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 2024-08-22 with Law categories.
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.