The Intricacies Of Dicta And Dissent
DOWNLOAD
Download The Intricacies Of Dicta And Dissent PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Intricacies Of Dicta And Dissent book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Intricacies Of Dicta And Dissent
DOWNLOAD
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.
Ratio Decidendi And Obiter Dictum
DOWNLOAD
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.
Philosophical Foundations Of Precedent
DOWNLOAD
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.
American Law In A Global Context
DOWNLOAD
Author : George Fletcher
language : en
Publisher: Oxford University Press
Release Date : 2025
American Law In A Global Context written by George Fletcher 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 2025 with Law categories.
American Law in Global Context provides an overview of US law, focusing on subject areas that make the American legal system distinctive. This introductory text serves as a comprehensive and accessible guide to American legal structure, history, and theory for students of law and lawyers outside the US. The authors provide in-depth analyses of well-known cases to illustrate US law theory as well as practice.
Elements Of Legislation
DOWNLOAD
Author : Neil Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2013
Elements Of Legislation 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 2013 with Law categories.
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Sistema Brasileiro De Precedentes
DOWNLOAD
Author : CASSIO SCARPINELLA BUENO
language : pt-BR
Publisher: Editora Thoth
Release Date : 2024-09-17
Sistema Brasileiro De Precedentes written by CASSIO SCARPINELLA BUENO and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-17 with Antiques & Collectibles categories.
Nos dias 18, 19 e 20 de setembro de 2024, a charmosa e acolhedora cidade de Curitiba transformou-se, sem exagero, na capital mundial dos Precedentes, quando nela se reuniram duas centenas de processualistas, brasileiros e estrangeiros, para, refletindo sobre aquela temática, celebrar dois de seus maiores pensadores brasileiros, o Professor Luiz Guilherme Marinoni e a Professora Teresa Arruda Alvim. Foi a forma pela qual o Instituto Brasileiro de Direito Processual – IBDP, fundado em 1958, decidiu homenagear aqueles eminentes Professores, ao ensejo de suas XV Jornadas Brasileiras de Direito Processual.
Comparative Constitutional Reasoning
DOWNLOAD
Author : András Jakab
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-06
Comparative Constitutional Reasoning written by András Jakab 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 2018-12-06 with Law categories.
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Judging Equity
DOWNLOAD
Author : T. Leigh Anenson
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-15
Judging Equity written by T. Leigh Anenson 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 2018-11-15 with Business & Economics categories.
This book explores the 'clean hands' doctrine, a safety valve in the legal system designed to correct injustice.
The Constitution Of Law
DOWNLOAD
Author : David Dyzenhaus
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-05
The Constitution Of Law written by David Dyzenhaus 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 2006-10-05 with Law categories.
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
On Formally Undecidable Propositions Of Principia Mathematica And Related Systems
DOWNLOAD
Author : Kurt Gödel
language : en
Publisher: Courier Corporation
Release Date : 1992-01-01
On Formally Undecidable Propositions Of Principia Mathematica And Related Systems written by Kurt Gödel and has been published by Courier Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-01-01 with Mathematics categories.
In 1931, a young Austrian mathematician published an epoch-making paper containing one of the most revolutionary ideas in logic since Aristotle. Kurt Giidel maintained, and offered detailed proof, that in any arithmetic system, even in elementary parts of arithmetic, there are propositions which cannot be proved or disproved within the system. It is thus uncertain that the basic axioms of arithmetic will not give rise to contradictions. The repercussions of this discovery are still being felt and debated in 20th-century mathematics. The present volume reprints the first English translation of Giidel's far-reaching work. Not only does it make the argument more intelligible, but the introduction contributed by Professor R. B. Braithwaite (Cambridge University}, an excellent work of scholarship in its own right, illuminates it by paraphrasing the major part of the argument. This Dover edition thus makes widely available a superb edition of a classic work of original thought, one that will be of profound interest to mathematicians, logicians and anyone interested in the history of attempts to establish axioms that would provide a rigorous basis for all mathematics. Translated by B. Meltzer, University of Edinburgh. Preface. Introduction by R. B. Braithwaite.