Precedent And Law

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The Law of Judicial Precedent

Author : Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2016
Category : Judicial process
ISBN : 0314634207

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The Law of Judicial Precedent by Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood Pdf

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.

Precedent in Law

Author : Laurence Goldstein
Publisher : Oxford University Press, USA
Page : 304 pages
File Size : 51,7 Mb
Release : 1987
Category : Stare decisis
ISBN : STANFORD:36105043992465

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Precedent in Law by Laurence Goldstein Pdf

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

Author : Rupert Cross,J. W. Harris
Publisher : Clarendon Press
Page : 256 pages
File Size : 47,7 Mb
Release : 1991-06-13
Category : Law
ISBN : 9780191024443

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Precedent in English Law by Rupert Cross,J. W. Harris Pdf

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.

Precedent and Law

Author : Julius Stone
Publisher : Butterworth-Heinemann
Page : 320 pages
File Size : 54,6 Mb
Release : 1985
Category : Law
ISBN : STANFORD:36105043892319

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Precedent and Law by Julius Stone Pdf

Settled Versus Right

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 55,6 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

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Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Precedents, Statutes, and Analysis of Legal Concepts

Author : Scott Brewer
Publisher : Routledge
Page : 401 pages
File Size : 41,8 Mb
Release : 2013-06-17
Category : Philosophy
ISBN : 9781135643027

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Precedents, Statutes, and Analysis of Legal Concepts by Scott Brewer Pdf

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.

Constitutional Precedent in US Supreme Court Reasoning

Author : Schultz, David
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 50,9 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781839103131

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Constitutional Precedent in US Supreme Court Reasoning by Schultz, David Pdf

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.

Precedents and Case-Based Reasoning in the European Court of Justice

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 42,8 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491

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Precedents and Case-Based Reasoning in the European Court of Justice by Marc Jacob Pdf

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Handbook on the Law of Judicial Precedents

Author : Henry Campbell Black
Publisher : Unknown
Page : 832 pages
File Size : 47,7 Mb
Release : 1912
Category : Conflict of judicial decisions
ISBN : STANFORD:36105044050990

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Handbook on the Law of Judicial Precedents by Henry Campbell Black Pdf

Precedent and Statute

Author : Orlin Yalnazov
Publisher : Springer
Page : 345 pages
File Size : 41,7 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783658243852

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Precedent and Statute by Orlin Yalnazov Pdf

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.

Precedents as Rules and Practice

Author : Amalie Frese,Julius Schumann
Publisher : Nomos Verlag
Page : 242 pages
File Size : 50,8 Mb
Release : 2021-09-29
Category : Law
ISBN : 9783748908296

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Precedents as Rules and Practice by Amalie Frese,Julius Schumann Pdf

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.

The Nature and Authority of Precedent

Author : Neil Duxbury
Publisher : Unknown
Page : 189 pages
File Size : 48,8 Mb
Release : 2008
Category : Judicial process
ISBN : 1107186587

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The Nature and Authority of Precedent by Neil Duxbury Pdf

Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

Interpreting Precedents

Author : D. Neil MacCormick,Robert S. Summers,Arthur L. Goodhart
Publisher : Routledge
Page : 604 pages
File Size : 54,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351926447

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Interpreting Precedents by D. Neil MacCormick,Robert S. Summers,Arthur L. Goodhart Pdf

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 the United States Supreme Court

Author : Christopher J. Peters
Publisher : Springer Science & Business Media
Page : 233 pages
File Size : 49,6 Mb
Release : 2014-02-11
Category : Law
ISBN : 9789400779518

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Precedent in the United States Supreme Court by Christopher J. Peters Pdf

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Precedent in Pakistani Law

Author : Dr. Muhammad Munir
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 42,5 Mb
Release : 2014
Category : Law
ISBN : 0199068240

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Precedent in Pakistani Law by Dr. Muhammad Munir Pdf

In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.