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The Nature and Authority of Precedent Neil Duxbury(Author)

Rating Star 4 / 4 - 5 ( 2845)
Book The Nature and Authority of Precedent

The Nature and Authority of Precedent

Available in PDF - DJVU Format | The Nature and Authority of Precedent.pdf

 

Original name book: The Nature and Authority of Precedent

Pages: 208

Language: English

Publisher: Cambridge University Press; 1 edition (June 2, 2008)

By: Neil Duxbury(Author)

Book details


Format *An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose. *Report a Broken Link

PDF
Required Software Any PDF Reader, Apple Preview
Supported Devices Windows PC/PocketPC, Mac OS, Linux OS, Apple iPhone/iPod Touch.
# of Devices Unlimited
Flowing Text / Pages Pages
Printable? Yes

Category - Law

Bestsellers rank - 6 Rating Star

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.

"...For the American reader concerned with precedent in constitutional law, there is much food for thought..." --Matthew J. Franck, Radford University; Visiting Fellow, Princeton University, The Law and Politics Book Review Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers are able to relax those constraints. In doing so, he shows that no single principle explains the authority of precedent; instead there are a number of arguments which raise rebuttable presumptions in favour of precedent-following.

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Customer Reviews
  • By Luiz I. Vigil Neto on December 16, 2008

    It is a recent edition, but in my opinion, it is an obligatory reading for those who intend to understand the common law system.

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