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The Intricacies of Dicta and Dissent

2021-08-12 Law
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Release : 2021-08-12
Genre : Law
Kind : eBook
Book Rating : 815/5 ( reviews)

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Book Synopsis The Intricacies of Dicta and Dissent by : Neil Duxbury

Download or read book The Intricacies of Dicta and Dissent written by Neil Duxbury. This book was released on 2021-08-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Laughing at the Gods

2012-02-20 Biography & Autobiography
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Release : 2012-02-20
Genre : Biography & Autobiography
Kind : eBook
Book Rating : 262/5 ( reviews)

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Book Synopsis Laughing at the Gods by : Allan C. Hutchinson

Download or read book Laughing at the Gods written by Allan C. Hutchinson. This book was released on 2012-02-20. Available in PDF, EPUB and Kindle. Book excerpt: This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Elements of Legislation

2013 Law
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Release : 2013
Genre : Law
Kind : eBook
Book Rating : 871/5 ( reviews)

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Book Synopsis Elements of Legislation by : Neil Duxbury

Download or read book Elements of Legislation written by Neil Duxbury. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Philosophical Foundations of Precedent

2023-02-13 Stare decisis
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Release : 2023-02-13
Genre : Stare decisis
Kind : eBook
Book Rating : 24X/5 ( reviews)

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Book Synopsis Philosophical Foundations of Precedent by : Timothy Endicott

Download or read book Philosophical Foundations of Precedent written by Timothy Endicott. This book was released on 2023-02-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Constitutional Reasoning

2017-04-27 Law
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Release : 2017-04-27
Genre : Law
Kind : eBook
Book Rating : 616/5 ( reviews)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab. This book was released on 2017-04-27. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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