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The Intricacies Of Dicta And Dissent
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Book Synopsis The Intricacies of Dicta and Dissent by : Neil Duxbury
Download or read book The Intricacies of Dicta and Dissent written by Neil Duxbury and published by Cambridge University Press. This book was released on 2021-08-12 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Laughing at the Gods by : Allan C. Hutchinson
Download or read book Laughing at the Gods written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2012-02-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.
Book Synopsis Elements of Legislation by : Neil Duxbury
Download or read book Elements of Legislation written by Neil Duxbury and published by Cambridge University Press. This book was released on 2013 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 2023-02-13 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 Dissenting Voices in American Society by : Austin Sarat
Download or read book Dissenting Voices in American Society written by Austin Sarat and published by Cambridge University Press. This book was released on 2012-01-31 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis On Formally Undecidable Propositions of Principia Mathematica and Related Systems by : Kurt Gödel
Download or read book On Formally Undecidable Propositions of Principia Mathematica and Related Systems written by Kurt Gödel and published by Courier Corporation. This book was released on 2012-05-24 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Constitutional Reasoning by : András Jakab
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Measuring Regional Authority by : Liesbet Hooghe
Download or read book Measuring Regional Authority written by Liesbet Hooghe and published by Oxford University Press. This book was released on 2016-01-28 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of five ambitious volumes theorizing the structure of governance above and below the central state. This book is written for those interested in the character, causes, and consequences of governance within the state and for social scientists who take measurement seriously. The book sets out a measure of regional authority for 81 countries in North America, Europe, Latin America, Asia, and the Pacific from 1950 to 2010. Subnational authority is exercised by individual regions, and this measure is the first that takes individual regions as the unit of analysis. On the premise that transparency is a fundamental virtue in measurement, the authors chart a new path in laying out their theoretical, conceptual, and scoring decisions before the reader. The book also provides summaries of regional governance in 81 countries for scholars and students alike. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
Book Synopsis Reconciliation After Violent Conflict by : David Bloomfield
Download or read book Reconciliation After Violent Conflict written by David Bloomfield and published by . This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.
Book Synopsis Frolic of His Own by : William Gaddis
Download or read book Frolic of His Own written by William Gaddis and published by Simon and Schuster. This book was released on 2013-06-18 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dazzling fourth novel by the author of The Recognitions, Carpenter’s Gothic, and JR uses his considerable powers of observation and satirical sensibilities to take on the American legal system.
Book Synopsis The Politics of Judicial Interpretation by : Robert J. Kaczorowski
Download or read book The Politics of Judicial Interpretation written by Robert J. Kaczorowski and published by Reconstructing America. This book was released on 2005 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past."--Harold M. Hyman, Journal of Southern History "Important, richly researched. . . . the fullest account now available."--American Journal of Legal History
Book Synopsis Transition and Coherence in Intellectual Property Law by : Niklas Bruun
Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Book Synopsis Magna Carta Commemoration Essays by : Royal Historical Society (Great Britain)
Download or read book Magna Carta Commemoration Essays written by Royal Historical Society (Great Britain) and published by . This book was released on 1917 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Real North Korea by : Andrei Lankov
Download or read book The Real North Korea written by Andrei Lankov and published by Oxford University Press. This book was released on 2015 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Real North Korea, Lankov substitutes cold, clear analysis for the overheated rhetoric surrounding this opaque police state. Based on vast expertise, this book reveals how average North Koreans live, how their leaders rule, and how both survive
Book Synopsis Post-Communist Mafia State by : B lint Magyar
Download or read book Post-Communist Mafia State written by B lint Magyar and published by Central European University Press. This book was released on 2016-03-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ
