The Intricacies Of Dicta And Dissent

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The Intricacies of Dicta and Dissent

Author : Neil Duxbury
Publisher : Cambridge University Press
Page : 513 pages
File Size : 53,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781108898812

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The Intricacies of Dicta and Dissent by Neil Duxbury Pdf

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.

The Nature and Authority of Precedent

Author : Neil Duxbury
Publisher : Cambridge University Press
Page : 206 pages
File Size : 53,8 Mb
Release : 2008-04-03
Category : Law
ISBN : 0521713366

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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.

Laughing at the Gods

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 329 pages
File Size : 48,7 Mb
Release : 2012-02-20
Category : Biography & Autobiography
ISBN : 9781107017269

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Laughing at the Gods by Allan C. Hutchinson Pdf

This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Elements of Legislation

Author : Neil Duxbury
Publisher : Cambridge University Press
Page : 267 pages
File Size : 49,5 Mb
Release : 2013
Category : Law
ISBN : 9781107021877

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Elements of Legislation by Neil Duxbury Pdf

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Philosophical Foundations of Precedent

Author : Timothy Endicott,Hafsteinn Dan Kristjánsson,Sebastian Lewis
Publisher : Oxford University Press
Page : 577 pages
File Size : 50,9 Mb
Release : 2023-02-13
Category : Stare decisis
ISBN : 9780192857248

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Philosophical Foundations of Precedent by Timothy Endicott,Hafsteinn Dan Kristjánsson,Sebastian Lewis Pdf

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

Author : András Jakab,Arthur Dyevre,Giulio Itzcovich
Publisher : Cambridge University Press
Page : 867 pages
File Size : 55,6 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107085589

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Comparative Constitutional Reasoning by András Jakab,Arthur Dyevre,Giulio Itzcovich Pdf

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

On Formally Undecidable Propositions of Principia Mathematica and Related Systems

Author : Kurt Gödel
Publisher : Courier Corporation
Page : 82 pages
File Size : 54,6 Mb
Release : 2012-05-24
Category : Mathematics
ISBN : 9780486158402

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On Formally Undecidable Propositions of Principia Mathematica and Related Systems by Kurt Gödel Pdf

First English translation of revolutionary paper (1931) that established that even in elementary parts of arithmetic, there are propositions which cannot be proved or disproved within the system. Introduction by R. B. Braithwaite.

Dissenting Voices in American Society

Author : Austin Sarat
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,5 Mb
Release : 2014-08-21
Category : Law
ISBN : 110743873X

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Dissenting Voices in American Society by Austin Sarat Pdf

Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. In what voices and tones do dissenting voices speak? What worlds does dissent try to imagine and what in the end is the value of dissent? Where does dissent speak without actually speaking? Where do dissenting voices most often go unheard or unrecognized? Do we find dissent wherever we find discontent? Wherever we find expression? This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.

Transition and Coherence in Intellectual Property Law

Author : Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly
Publisher : Cambridge University Press
Page : 531 pages
File Size : 48,7 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108484602

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Transition and Coherence in Intellectual Property Law by Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly Pdf

This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

Measuring Regional Authority

Author : Liesbet Hooghe,Gary Marks,Arjan H. Schakel,Sandra Chapman Osterkatz,Sara Niedzwiecki,Sarah Shair-Rosenfield
Publisher : Oxford University Press
Page : 704 pages
File Size : 55,8 Mb
Release : 2016-01-28
Category : Political Science
ISBN : 9780191044670

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Measuring Regional Authority by Liesbet Hooghe,Gary Marks,Arjan H. Schakel,Sandra Chapman Osterkatz,Sara Niedzwiecki,Sarah Shair-Rosenfield Pdf

This is the first of five ambitious volumes theorizing the structure of governance above and below the central state. This book is written for those interested in the character, causes, and consequences of governance within the state and for social scientists who take measurement seriously. The book sets out a measure of regional authority for 81 countries in North America, Europe, Latin America, Asia, and the Pacific from 1950 to 2010. Subnational authority is exercised by individual regions, and this measure is the first that takes individual regions as the unit of analysis. On the premise that transparency is a fundamental virtue in measurement, the authors chart a new path in laying out their theoretical, conceptual, and scoring decisions before the reader. The book also provides summaries of regional governance in 81 countries for scholars and students alike. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.

Magna Carta Commemoration Essays

Author : Henry Elliot Malden
Publisher : The Lawbook Exchange, Ltd.
Page : 342 pages
File Size : 52,5 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584774365

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Magna Carta Commemoration Essays by Henry Elliot Malden Pdf

The Real North Korea

Author : Andrei Lankov
Publisher : Oxford University Press
Page : 350 pages
File Size : 47,9 Mb
Release : 2015
Category : History
ISBN : 9780199390038

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The Real North Korea by Andrei Lankov Pdf

In The Real North Korea, Lankov substitutes cold, clear analysis for the overheated rhetoric surrounding this opaque police state. Based on vast expertise, this book reveals how average North Koreans live, how their leaders rule, and how both survive

A History of Law in Europe

Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Page : 823 pages
File Size : 45,6 Mb
Release : 2017-08-03
Category : History
ISBN : 9781107180697

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A History of Law in Europe by Antonio Padoa-Schioppa Pdf

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Reconciliation After Violent Conflict

Author : David Bloomfield,Terri Barnes,Lucien Huyse
Publisher : Unknown
Page : 188 pages
File Size : 43,5 Mb
Release : 2003
Category : Political Science
ISBN : STANFORD:36105111804477

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Reconciliation After Violent Conflict by David Bloomfield,Terri Barnes,Lucien Huyse Pdf

How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.