Ratio Decidendi
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| 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 | : Mohamed Shahabuddeen |
| Publisher | : Cambridge University Press |
| Total Pages | : 268 |
| Release | : 2007-11-06 |
| Genre | : Law |
| ISBN | : 9780521046718 |
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
| Author | : Serge Dauchy |
| Publisher | : |
| Total Pages | : 238 |
| Release | : 2010 |
| Genre | : Judicial opinions |
| ISBN | : 9783428834334 |
Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history as is demonstrated in the first volume (25/1) which was published in 2006.The second volume focuses on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court's system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions.
| Author | : Christopher Enright |
| Publisher | : Federation Press |
| Total Pages | : 612 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9781862874121 |
This title is no longer stocked by us. It is now available directly from Christopher Enright: [email protected] How should lawyers go about their tasks in working with law, in making, interpreting, using, reading and writing law? Enright's book describes clear and simple techniques for working with law. It explains why the technique is needed and what it achieves, and then provides a model for doing it. Each model consists of a step by step guide for performing the relevant task. Legal Technique is structured to be the textbook in an introductory law course where the techniques are described, and intended for re-use in later courses on substantive law where these techniques must be further taught and practised in the context of those subjects. Legal Technique is accompanied by a free Legal Technique eWorkbook (see Supplement) containing materials, questions and answers. Included are exercises for working with statutes, cases, legal texts and for solving legal problems; further exercises to practise approaches to common law and statutory law subjects generally; and specific exercises for the subjects 'Introduction to Law', 'Constitutional Law', and 'Property Law'.
| 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 | : Neil Duxbury |
| Publisher | : Cambridge University Press |
| Total Pages | : 513 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1108898815 |
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.
| Author | : Friedrich V. Kratochwil |
| Publisher | : Cambridge University Press |
| Total Pages | : 332 |
| Release | : 1991-04-26 |
| Genre | : Law |
| ISBN | : 9780521409711 |
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
| 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 | : Glanville Llewelyn Williams |
| Publisher | : Universal Law Publishing Company Limited |
| Total Pages | : 0 |
| Release | : 2003-12 |
| Genre | : Law |
| ISBN | : 9788175340060 |
Learning the Law is unique among law books. It does not say what the laws is; rather, it aims to be a Guide, Philosopher and Friend to the reader at every stage of his legal studies.
| Author | : Trischa Mann |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 9780195518511 |
The Australian Law Dictionary is a key reference for those who need familiarity with, and knowledge of, Australian legal terms most commonly encountered when studying law and in the profession.
