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Title The Law of Judicial Precedent
Author Anonim
Publisher Unknown
Release Date 2021
Category
Total Pages 86
ISBN 0314634207
Language English, Spanish, and French
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Title Handbook on the Law of Judicial Precedents
Author Henry Campbell Black
Publisher Unknown
Release Date 1912
Category Conflict of judicial decisions
Total Pages 768
ISBN STANFORD:36105044050990
Language English, Spanish, and French
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Book Summary:

English Legal System by Steve Wilson

Title English Legal System
Author Steve Wilson
Publisher Oxford University Press
Release Date 2016-04-21
Category
Total Pages 648
ISBN 9780198747949
Language English, Spanish, and French
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Book Summary:

Clear, complete, and contextualized; this guide to the English legal system provides the strongest foundation for students at the start of their studies. Straightforward explanations of key topics are paired with learning features showcasing the law in its everyday context to give students a firm grasp on the fundamentals of the legal system.

Title Precedents and Case Based Reasoning in the European Court of Justice
Author Marc Jacob
Publisher Cambridge University Press
Release Date 2014-03-20
Category Law
Total Pages 351
ISBN 9781107045491
Language English, Spanish, and French
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Book Summary:

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Title Handbook on the Law of Judicial Precedents Or the Science of Case Law Classic Reprint
Author Henry Campbell Black
Publisher Forgotten Books
Release Date 2017-02-06
Category
Total Pages 86
ISBN 0243296614
Language English, Spanish, and French
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Book Summary:

Excerpt from Handbook on the Law of Judicial Precedents, or the Science of Case Law Nearly a quarter of a century ago, the late Mr. Justice Miller, of the Supreme Court of the United States, in a public address on the use and value of authorities in the argument and decision of cases, expressed his surprise that no book had yet been written, or none that he had seen, distinctively devoted to the subject on which he was speaking, adding, perhaps by way of explanation of the fact, that the sources of such a work are not ample and are difficult to come at. If a systematic and comprehensive treatise on the law of judicial precedents was a desideratum at that time, it is much more so to - day. For the reported decisions have enormously multiplied, and the lawyer's problem now is not merely to find the law, but to weigh and estimate the value of what he discovers. Now, more than ever, he needs a guide through the lawless science of the law, the count less myriad of precedents. Moreover the rules which gov ern the subject, - ii rules they can be called, which rest only in judicial discretion and have no stronger sanction than judicial habit, - are intricate and not free from confusion, and have long been in need of clear and discriminating ex position. Also it is true that the very theory of the prece dent has been vigorously assailed of late in high quarters, and there are evidences of an insistent demand for greater flexibility in the interpretation of the law and a closer cor respondence between the rulings of the courts and what is supposed to be the spirit of the age or the wants and wishes of the people. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Settled Versus Right by Randy J. Kozel

Title Settled Versus Right
Author Randy J. Kozel
Publisher Cambridge University Press
Release Date 2017-06-06
Category Law
Total Pages 192
ISBN 9781107127531
Language English, Spanish, and French
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Book Summary:

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

Title Precedents and Judicial Politics in EU Immigration Law
Author Marie De Somer
Publisher Springer
Release Date 2018-07-27
Category Political Science
Total Pages 361
ISBN 9783319939827
Language English, Spanish, and French
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Book Summary:

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

Law And Judicial Duty by Philip HAMBURGER

Title Law and Judicial Duty
Author Philip HAMBURGER
Publisher Harvard University Press
Release Date 2009-06-30
Category Law
Total Pages 704
ISBN 9780674038196
Language English, Spanish, and French
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Book Summary:

Philip Hamburger’s Law and Judicial Duty 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. The book is essential reading for anyone concerned about the proper role of the judiciary.

Legal Method by T. Ian McLeod

Title Legal Method
Author T. Ian McLeod
Publisher Macmillan International Higher Education
Release Date 1999-11-11
Category Law
Total Pages 351
ISBN 9781349150755
Language English, Spanish, and French
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Book Summary:

Introduces the nature of law and legal reasoning for anyone beginning serious legal training or study. Starting with the English legal system and constitutional law, Mcleod moves on to case law and precedent, statute law and interpretation including EC law as it arises.

Title Legal Method Essentials for Scots Law
Author Dale McFadzean
Publisher Edinburgh University Press
Release Date 2017-02-23
Category Law
Total Pages 184
ISBN 9780748698295
Language English, Spanish, and French
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Book Summary:

Get started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with handy tips for legal writing and research.

The Power Of Precedent by Michael J. Gerhardt

Title The Power of Precedent
Author Michael J. Gerhardt
Publisher Oxford University Press
Release Date 2011
Category Law
Total Pages 350
ISBN 9780199795796
Language English, Spanish, and French
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Book Summary:

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.

A Theory Of Precedent by Raimo Siltala

Title A Theory of Precedent
Author Raimo Siltala
Publisher Hart Publishing
Release Date 2000-11-25
Category Law
Total Pages 288
ISBN 9781841131238
Language English, Spanish, and French
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Book Summary:

In this study, the author identifies six types of judicial precedent-ideology and are tests them against judicial experiences in various countries.

Precedent In Law by Laurence Goldstein

Title Precedent in Law
Author Laurence Goldstein
Publisher Oxford University Press, USA
Release Date 1987
Category Stare decisis.
Total Pages 279
ISBN STANFORD:36105043992465
Language English, Spanish, and French
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Book Summary:

What is the justification for following precedents? Are judicial pronouncements on precedent rules, or just conventions? Contributors to this book address these and other intriguing questions vital to the understanding and interpretation of precedent and the workings of law.

Precedent In The World Court by Mohamed Shahabuddeen

Title Precedent in the World Court
Author Mohamed Shahabuddeen
Publisher Cambridge University Press
Release Date 2007-11-06
Category Law
Total Pages 268
ISBN 0521046718
Language English, Spanish, and French
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Book Summary:

Study by a distinguished judge of the role of precedent in the World Court.

Precedent In English Law by Rupert Cross

Title Precedent in English Law
Author Rupert Cross
Publisher Clarendon Press
Release Date 1991-06-13
Category Law
Total Pages 256
ISBN 9780191024443
Language English, Spanish, and French
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Book Summary:

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.

Reading Law by Antonin Scalia

Title Reading Law
Author Antonin Scalia
Publisher West Group
Release Date 2012
Category Law
Total Pages 567
ISBN 031427555X
Language English, Spanish, and French
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Book Summary:

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Interpreting Precedents by D. Neil MacCormick

Title Interpreting Precedents
Author D. Neil MacCormick
Publisher Routledge
Release Date 2016-12-05
Category Law
Total Pages 598
ISBN 9781351926447
Language English, Spanish, and French
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Book Summary:

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.

Title Judicial Precedent and Arbitration Are Arbitrators Bound by Judicial Precedent
Author Guilherme Rizzo Amaral
Publisher Unknown
Release Date 2017
Category Arbitration and award
Total Pages 204
ISBN 0854902279
Language English, Spanish, and French
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Book Summary:

One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole.