Precedent And Statute PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Precedent And Statute PDF full book. Access full book title Precedent And Statute.
Author | : Scott Brewer |
Publisher | : Routledge |
Total Pages | : 401 |
Release | : 2013-06-17 |
Genre | : Philosophy |
ISBN | : 1135643024 |
Download Precedents, Statutes, and Analysis of Legal Concepts Book in PDF, ePub and Kindle
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 | : Henry Campbell Black |
Publisher | : |
Total Pages | : 832 |
Release | : 1912 |
Genre | : Conflict of judicial decisions |
ISBN | : |
Download Handbook on the Law of Judicial Precedents Book in PDF, ePub and Kindle
Author | : Marc Jacob |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2014-03-20 |
Genre | : Law |
ISBN | : 1107045495 |
Download Precedents and Case-Based Reasoning in the European Court of Justice Book in PDF, ePub and Kindle
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author | : Rupert Cross |
Publisher | : Clarendon Press |
Total Pages | : 256 |
Release | : 1991-06-13 |
Genre | : Law |
ISBN | : 0191024449 |
Download Precedent in English Law Book in PDF, ePub and Kindle
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 | : Randy J. Kozel |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2017-06-06 |
Genre | : Law |
ISBN | : 110712753X |
Download Settled Versus Right Book in PDF, ePub and Kindle
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author | : Orlin Yalnazov |
Publisher | : Springer |
Total Pages | : 345 |
Release | : 2018-11-02 |
Genre | : Law |
ISBN | : 3658243856 |
Download Precedent and Statute Book in PDF, ePub and Kindle
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.
Author | : Laurence Goldstein |
Publisher | : Oxford University Press, USA |
Total Pages | : 304 |
Release | : 1987 |
Genre | : Stare decisis |
ISBN | : |
Download Precedent in Law Book in PDF, ePub and Kindle
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 | : Julius Stone |
Publisher | : Butterworth-Heinemann |
Total Pages | : 320 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Download Precedent and Law Book in PDF, ePub and Kindle
Author | : D. Neil MacCormick |
Publisher | : Routledge |
Total Pages | : 604 |
Release | : 2016-12-05 |
Genre | : Law |
ISBN | : 1351926446 |
Download Interpreting Precedents Book in PDF, ePub and Kindle
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 | : Frederic René Coudert |
Publisher | : |
Total Pages | : 340 |
Release | : 1913 |
Genre | : Constitutional law |
ISBN | : |
Download Certainty and Justice Book in PDF, ePub and Kindle