Precedent And Statute

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Precedent And Statute

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Author : Orlin Yalnazov
language : en
Publisher: Springer
Release Date : 2018-11-02

Precedent And Statute written by Orlin Yalnazov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.

Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.

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 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.

Asian Courts In Context

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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015

Asian Courts In Context written by Jiunn-rong Yeh 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 2015 with Law categories.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The Power Of Precedent

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Author : Michael J. Gerhardt
language : en
Publisher: Oxford University Press
Release Date : 2008-02-12

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 2008-02-12 with Law categories.

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.

Precedent In The World Court

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Author : Mohamed Shahabuddeen
language : en
Publisher: Cambridge University Press
Release Date : 1996-07-25

Precedent In The World Court written by Mohamed Shahabuddeen 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 1996-07-25 with Law categories.

Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.

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 Language Arts & Disciplines 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.

The Singapore Legal System

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Author : Walter C. M. Woon
language : en
Publisher:
Release Date : 1989

The Singapore Legal System written by Walter C. M. Woon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Constitutional law categories.

United States Code

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Author : United States
language : en
Publisher:
Release Date : 2008

United States Code written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.