The Law Of Judicial Precedent
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Author | : Bryan A. Garner |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Judicial process |
ISBN | : 9780314634207 |
Download The Law of Judicial Precedent Book in PDF, Epub and Kindle
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.
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 | : Philip Hamburger |
Publisher | : Harvard University Press |
Total Pages | : 712 |
Release | : 2008-11 |
Genre | : Business & Economics |
ISBN | : 9780674031319 |
Download Law and Judicial Duty Book in PDF, Epub and Kindle
Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial 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 | : 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 | : Schultz, David |
Publisher | : Edward Elgar Publishing |
Total Pages | : 200 |
Release | : 2022-03-15 |
Genre | : Law |
ISBN | : 1839103132 |
Download Constitutional Precedent in US Supreme Court Reasoning Book in PDF, Epub and Kindle
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
Author | : Christopher J. Peters |
Publisher | : Springer Science & Business Media |
Total Pages | : 233 |
Release | : 2014-02-11 |
Genre | : Law |
ISBN | : 9400779518 |
Download Precedent in the United States Supreme Court Book in PDF, Epub and Kindle
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.
Author | : Tania Groppi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 1782251014 |
Download The Use of Foreign Precedents by Constitutional Judges Book in PDF, Epub and Kindle
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
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.