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On The Philosophy Of Precedent
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Book Synopsis Philosophical Foundations of Precedent by : Timothy Endicott
Download or read book Philosophical Foundations of Precedent written by Timothy Endicott and published by Oxford University Press. This book was released on 2023-03-27 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Theory of Precedent by : Raimo Siltala
Download or read book A Theory of Precedent written by Raimo Siltala and published by Hart Publishing. This book was released on 2000-11-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, the author identifies six types of judicial precedent-ideology and are tests them against judicial experiences in various countries.
Book Synopsis A Theory of Precedent by : Raimo Siltala
Download or read book A Theory of Precedent written by Raimo Siltala and published by Bloomsbury Publishing. This book was released on 2000-11-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fuller's famous 'internal morality of law' is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition a valid rule, in the image of legal rules proper, or is it merely a social fact, observable only in the practices and behaviour of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges, the late Argentinian fabulist, in so far as the ontology and epistemology of the rule of recognition are concerned. This leads the author to the conclusion that the two predicaments affecting analytical positivism, namely the threat of endless self-referentiality, or infinite regress, can only be accounted for by means of recourse to the philosophy of deconstruction as posited by Jacques Derrida.
Book Synopsis Precedents, Statutes, and Analysis of Legal Concepts by : Scott Brewer
Download or read book Precedents, Statutes, and Analysis of Legal Concepts written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Settled Versus Right by : Randy J. Kozel
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Book Synopsis Interpreting Precedents by : D. Neil MacCormick
Download or read book Interpreting Precedents written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante
Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by Nomos Verlagsgesellschaft. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume - the third issue of the Proceedings of the 24th IVR World Congress - contains a selection of papers on the general theme of "The Philosophy of Precedent." The foundations, legal nature, structure, strength, and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the Congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists, and practitioners from all of the legal families and traditions, including those of the so-called Civil Law Systems. Taking into consideration this movement towards the universality of precedent-based reasoning in legal discourses, the book's essays provide an account of legal precedent which explains the connections between theoretical issues on the nature of precedent and practical queries over its foundations, structure, strength, and uses in contemporary legal systems. (Series: ARSP Beiheft - Vol. 133)
Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante
Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by Franz Steiner Verlag Wiesbaden gmbh. This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the 3rd issue of the Proceedings of the 24th IVR World Congress, the reader will find a selection of papers on the general theme of "The Philosophy of Precedent". The foundations, legal nature, structure, strength and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists and practitioners from all of the legal families and traditions, including those of the so-called Civil Law Systems. Taking into consideration this movement towards the universality of precedent-based reasoning in legal discourses, the essays comprised in this volume provide an account of legal precedent which explains the connections between theoretical issues on the nature of precedent and practical queries over its foundations, structure, strength and uses in contemporary legal systems.
Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante
Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the 3rd issue of the Proceedings of the 24th IVR World Congress, the reader will find a selection of papers on the general theme of ""The Philosophy of Precedent"". The foundations, legal nature, structure, strength and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists and practitioners from all of the legal fa.
Book Synopsis The Nature and Authority of Precedent by : Neil Duxbury
Download or read book The Nature and Authority of Precedent written by Neil Duxbury and published by Cambridge University Press. This book was released on 2008-04-03 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters
Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob
Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Book Synopsis Precedent in Law by : Laurence Goldstein
Download or read book Precedent in Law written by Laurence Goldstein and published by Oxford University Press, USA. This book was released on 1987 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Nature and Authority of Precedent by : Neil Duxbury
Download or read book The Nature and Authority of Precedent written by Neil Duxbury and published by . This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Confluence of Philosophy and Law in Applied Ethics by : Norbert Paulo
Download or read book The Confluence of Philosophy and Law in Applied Ethics written by Norbert Paulo and published by Springer. This book was released on 2016-05-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms. This consequence forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics. It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two. The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases. He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childress’s principlism, Jonsen and Toulmin’s casuistry, and two versions of consequentialism—Singer’s preference utilitarianism and Hooker’s rule-consequentialism—with regards to their methods. These examinations lead to the Morisprudence Model for methods in applied ethics.
Book Synopsis Interpreting Statutes by : D. Neil MacCormick
Download or read book Interpreting Statutes written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
Book Synopsis Precedent in English Law by : Rupert Cross
Download or read book Precedent in English Law written by Rupert Cross and published by Clarendon Press. This book was released on 1991-06-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
