Precedent And Law
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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.
Precedent In Law
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Author : Laurence Goldstein
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
Precedent In Law written by Laurence Goldstein 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 1987 with Stare decisis categories.
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
Precedent In English Law
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Author : Rupert Cross
language : en
Publisher: Clarendon Press
Release Date : 1991-06-13
Precedent In English Law written by Rupert Cross and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-06-13 with Law categories.
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
The Law Of Judicial Precedent
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Author : Bryan A. Garner
language : en
Publisher:
Release Date : 2016
The Law Of Judicial Precedent written by Bryan A. Garner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Judicial process categories.
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
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.
Handbook On The Law Of Judicial Precedents
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Author : Henry Campbell Black
language : en
Publisher:
Release Date : 1912
Handbook On The Law Of Judicial Precedents written by Henry Campbell Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Conflict of judicial decisions categories.
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.
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.
Precedent In English Law
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Author : Rupert Cross
language : en
Publisher:
Release Date : 1961
Precedent In English Law written by Rupert Cross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Stare decisis categories.
The Nature Of The Common Law
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Author : Melvin Aron Eisenberg
language : en
Publisher: Harvard University Press
Release Date : 1991-10-01
The Nature Of The Common Law written by Melvin Aron Eisenberg and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-10-01 with Law categories.
Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.