A Theory Of Precedent
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Author | : Randy J. Kozel |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2017-06-06 |
Genre | : Law |
ISBN | : 110712753X |
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author | : Schultz, David |
Publisher | : Edward Elgar Publishing |
Total Pages | : 200 |
Release | : 2022-03-15 |
Genre | : Law |
ISBN | : 1839103132 |
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 | : Marc Jacob |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2014-03-20 |
Genre | : Law |
ISBN | : 1107045495 |
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author | : Raimo Siltala |
Publisher | : Hart Publishing |
Total Pages | : 304 |
Release | : 2000-11-25 |
Genre | : Law |
ISBN | : 1841131237 |
In this study, the author identifies six types of judicial precedent-ideology and are tests them against judicial experiences in various countries.
Author | : Thomas G. Hansford |
Publisher | : Princeton University Press |
Total Pages | : 170 |
Release | : 2018-06-05 |
Genre | : Law |
ISBN | : 0691188041 |
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Author | : Ian McLeod |
Publisher | : Bloomsbury Publishing |
Total Pages | : 368 |
Release | : 2020-04-16 |
Genre | : Law |
ISBN | : 1137122706 |
The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Author | : Laurence Goldstein |
Publisher | : Oxford University Press, USA |
Total Pages | : 304 |
Release | : 1987 |
Genre | : Language Arts & Disciplines |
ISBN | : |
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 | : Bryan A. Garner |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Judicial process |
ISBN | : 9780314634207 |
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 | : Rupert Cross |
Publisher | : Clarendon Press |
Total Pages | : 256 |
Release | : 1991-06-13 |
Genre | : Law |
ISBN | : 0191024449 |
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 | : Talal Al-Azem |
Publisher | : BRILL |
Total Pages | : 273 |
Release | : 2016-11-07 |
Genre | : History |
ISBN | : 9004323295 |
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.