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The Intricacies of Dicta and Dissent

The Intricacies of Dicta and Dissent
Author: Neil Duxbury
Publisher: Cambridge University Press
Total Pages: 513
Release: 2021-08-12
Genre: Law
ISBN: 1108898815
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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.

The Nature and Authority of Precedent

The Nature and Authority of Precedent
Author: Neil Duxbury
Publisher:
Total Pages: 189
Release: 2008
Genre: Judicial process
ISBN: 9781107186583
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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.

Elements of Legislation

Elements of Legislation
Author: Neil Duxbury
Publisher: Cambridge University Press
Total Pages: 267
Release: 2013
Genre: Law
ISBN: 1107021871
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Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Dissenting Voices in American Society

Dissenting Voices in American Society
Author: Austin Sarat
Publisher: Cambridge University Press
Total Pages: 251
Release: 2012-01-31
Genre: Law
ISBN: 1107378990
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Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.

Philosophical Foundations of Precedent

Philosophical Foundations of Precedent
Author: Timothy Endicott
Publisher: Oxford University Press
Total Pages: 577
Release: 2023-02-13
Genre: Stare decisis
ISBN: 019285724X
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Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers
Author: M. J. C. Vile
Publisher:
Total Pages: 0
Release: 1998
Genre: History
ISBN: 9780865971752
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Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616
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To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The American Commonwealth

The American Commonwealth
Author: James Bryce
Publisher:
Total Pages: 772
Release: 1891
Genre:
ISBN:
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Virgil, Aeneid, 4.1-299

Virgil, Aeneid, 4.1-299
Author: Ingo Gildenhard
Publisher: Open Book Publishers
Total Pages: 322
Release: 2012
Genre: Foreign Language Study
ISBN: 1909254150
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Love and tragedy dominate book four of Virgil's most powerful work, building on the violent emotions invoked by the storms, battles, warring gods, and monster-plagued wanderings of the epic's opening. Destined to be the founder of Roman culture, Aeneas, nudged by the gods, decides to leave his beloved Dido, causing her suicide in pursuit of his historical destiny. A dark plot, in which erotic passion culminates in sex, and sex leads to tragedy and death in the human realm, unfolds within the larger horizon of a supernatural sphere, dominated by power-conscious divinities. Dido is Aeneas' most significant other, and in their encounter Virgil explores timeless themes of love and loyalty, fate and fortune, the justice of the gods, imperial ambition and its victims, and ethnic differences. This course book offers a portion of the original Latin text, study questions, a commentary, and interpretative essays. Designed to stretch and stimulate readers, Ingo Gildenhard's incisive commentary will be of particular interest to students of Latin at both A2 and undergraduate level. It extends beyond detailed linguistic analysis to encourage critical engagement with Virgil's poetry and discussion of the most recent scholarly thought.

On Formally Undecidable Propositions of Principia Mathematica and Related Systems

On Formally Undecidable Propositions of Principia Mathematica and Related Systems
Author: Kurt Gödel
Publisher: Courier Corporation
Total Pages: 82
Release: 2012-05-24
Genre: Mathematics
ISBN: 0486158403
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First English translation of revolutionary paper (1931) that established that even in elementary parts of arithmetic, there are propositions which cannot be proved or disproved within the system. Introduction by R. B. Braithwaite.