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The Law of Judicial Precedent

The Law of Judicial Precedent
Author: Bryan A. Garner
Publisher:
Total Pages: 0
Release: 2016
Genre: Judicial process
ISBN: 9780314634207

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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.


Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 110712753X

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This book analyzes the theoretical nuances and practical implications of how judges use precedent.


Precedents and Case-Based Reasoning in the European Court of Justice

Precedents and Case-Based Reasoning in the European Court of Justice
Author: Marc Jacob
Publisher: Cambridge University Press
Total Pages: 357
Release: 2014-03-20
Genre: Law
ISBN: 1107045495

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Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.


Precedent in Law

Precedent in Law
Author: Laurence Goldstein
Publisher: Oxford University Press, USA
Total Pages: 304
Release: 1987
Genre: Stare decisis
ISBN:

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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.


Precedent in Pakistani Law

Precedent in Pakistani Law
Author: Dr. Muhammad Munir
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2014
Genre: Law
ISBN: 9780199068241

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In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.


Precedent in English Law

Precedent in English Law
Author: Rupert Cross
Publisher: Clarendon Press
Total Pages: 256
Release: 1991-06-13
Genre: Law
ISBN: 0191024449

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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.


Precedents, Statutes, and Analysis of Legal Concepts

Precedents, Statutes, and Analysis of Legal Concepts
Author: Scott Brewer
Publisher: Routledge
Total Pages: 401
Release: 2013-06-17
Genre: Philosophy
ISBN: 1135643024

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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.


Legal Method

Legal Method
Author: Ian McLeod
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2020-04-16
Genre: Law
ISBN: 1137122706

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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.


A Theory of Precedent

A Theory of Precedent
Author: Raimo Siltala
Publisher: Hart Publishing
Total Pages: 304
Release: 2000-11-25
Genre: Law
ISBN: 1841131237

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In this study, the author identifies six types of judicial precedent-ideology and are tests them against judicial experiences in various countries.