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 : 51,6 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.

Author : Henry Campbell Black
Publisher : Unknown
Page : 832 pages
File Size : 50,8 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

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 44,7 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.

Author : Henry Campbell Black
Publisher : Forgotten Books
Page : 128 pages
File Size : 47,6 Mb
Release : 2017-02-06
Category : Electronic
ISBN : 0243296614

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Handbook on the Law of Judicial Precedents, Or the Science of Case Law (Classic Reprint) by Henry Campbell Black Pdf

Excerpt from Handbook on the Law of Judicial Precedents, or the Science of Case Law Nearly a quarter of a century ago, the late Mr. Justice Miller, of the Supreme Court of the United States, in a public address on the use and value of authorities in the argument and decision of cases, expressed his surprise that no book had yet been written, or none that he had seen, distinctively devoted to the subject on which he was speaking, adding, perhaps by way of explanation of the fact, that the sources of such a work are not ample and are difficult to come at. If a systematic and comprehensive treatise on the law of judicial precedents was a desideratum at that time, it is much more so to - day. For the reported decisions have enormously multiplied, and the lawyer's problem now is not merely to find the law, but to weigh and estimate the value of what he discovers. Now, more than ever, he needs a guide through the lawless science of the law, the count less myriad of precedents. Moreover the rules which gov ern the subject, - ii rules they can be called, which rest only in judicial discretion and have no stronger sanction than judicial habit, - are intricate and not free from confusion, and have long been in need of clear and discriminating ex position. Also it is true that the very theory of the prece dent has been vigorously assailed of late in high quarters, and there are evidences of an insistent demand for greater flexibility in the interpretation of the law and a closer cor respondence between the rulings of the courts and what is supposed to be the spirit of the age or the wants and wishes of the people. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 40,8 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.

Author : Laurence Goldstein
Publisher : Oxford University Press, USA
Page : 304 pages
File Size : 41,7 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.

Author : Schultz, David
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 52,9 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.

Author : Rupert Cross,J. W. Harris
Publisher : Clarendon Press
Page : 256 pages
File Size : 41,9 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.

Author : Philip HAMBURGER
Publisher : Harvard University Press
Page : 705 pages
File Size : 54,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674038196

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Law and Judicial Duty by Philip HAMBURGER Pdf

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Author : Neil Duxbury
Publisher : Cambridge University Press
Page : 206 pages
File Size : 48,5 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.

Author : Scott Brewer
Publisher : Routledge
Page : 401 pages
File Size : 43,9 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.

Author : Guilherme Rizzo Amaral
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2018
Category : Arbitration and award
ISBN : 0854902570

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Judicial Precedent and Arbitration--are Arbitrators Bound by Judicial Precedent? by Guilherme Rizzo Amaral Pdf

One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole. In its second edition, the book offers an Appendix on Chinese Guiding Cases and Arbitration.

Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 53,5 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251019

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The Use of Foreign Precedents by Constitutional Judges by Tania Groppi,Marie-Claire Ponthoreau Pdf

In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.

Author : D. Neil MacCormick,Robert S. Summers,Arthur L. Goodhart
Publisher : Routledge
Page : 604 pages
File Size : 48,7 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.

Author : Christopher J. Peters
Publisher : Springer Science & Business Media
Page : 231 pages
File Size : 44,7 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.