The Intricacies of Dicta and Dissent
Title | The Intricacies of Dicta and Dissent PDF eBook |
Author | Neil Duxbury |
Publisher | Cambridge University Press |
Pages | 513 |
Release | 2021-08-12 |
Genre | Law |
ISBN | 1108898815 |
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.
Elements of Legislation
Title | Elements of Legislation PDF eBook |
Author | Neil Duxbury |
Publisher | Cambridge University Press |
Pages | 267 |
Release | 2013 |
Genre | Law |
ISBN | 1107021871 |
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Philosophical Foundations of Precedent
Title | Philosophical Foundations of Precedent PDF eBook |
Author | Timothy Endicott |
Publisher | Oxford University Press |
Pages | 577 |
Release | 2023-02-13 |
Genre | Stare decisis |
ISBN | 019285724X |
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.
Dissenting Voices in American Society
Title | Dissenting Voices in American Society PDF eBook |
Author | Austin Sarat |
Publisher | Cambridge University Press |
Pages | 251 |
Release | 2012-01-31 |
Genre | Law |
ISBN | 1107378990 |
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.
The American Commonwealth
Title | The American Commonwealth PDF eBook |
Author | James Bryce |
Publisher | |
Pages | 772 |
Release | 1891 |
Genre | |
ISBN |
Magna Carta Commemoration Essays
Title | Magna Carta Commemoration Essays PDF eBook |
Author | Royal Historical Society (Great Britain) |
Publisher | |
Pages | 352 |
Release | 1917 |
Genre | Constitutional history |
ISBN |
Measuring Regional Authority
Title | Measuring Regional Authority PDF eBook |
Author | Liesbet Hooghe |
Publisher | Oxford University Press |
Pages | 708 |
Release | 2016-01-28 |
Genre | Political Science |
ISBN | 0191044679 |
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.