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Author: Dennis Davis
Publisher: Juta and Company Ltd
ISBN: 9781770130227
Category : Law
Languages : en
Pages : 212
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Book Description
Not a day goes by in present South Africa when the role of law, the rule of law, the independence of the judiciary and the future of constitutional democracy is not debated. This book will take the reader into the heart of the legal system, the understanding of which is necessary when wrestling with these pressing questions. The book examines a series of key cases over the past 60 years, the judgements in which changed the political or social landscape of the country. The choice of cases for inclusion in the book was made both to tell compelling and significant historical stories, as well as to illustrate the possibilities inherent in law, and the potential for its abuse and use. All of the chosen cases were ones where the country held its collective breath before judgement was delivered. Through the stories told, the reader will not only engage with critical aspects of South African history, but will be exposed to the manner in which the possibility of our new constitutional democracy is linked to the legal precedents, traditions and culture which were built up over the past century.
Author: Dennis Davis
Publisher: Juta and Company Ltd
ISBN: 9781770130227
Category : Law
Languages : en
Pages : 212
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Book Description
Not a day goes by in present South Africa when the role of law, the rule of law, the independence of the judiciary and the future of constitutional democracy is not debated. This book will take the reader into the heart of the legal system, the understanding of which is necessary when wrestling with these pressing questions. The book examines a series of key cases over the past 60 years, the judgements in which changed the political or social landscape of the country. The choice of cases for inclusion in the book was made both to tell compelling and significant historical stories, as well as to illustrate the possibilities inherent in law, and the potential for its abuse and use. All of the chosen cases were ones where the country held its collective breath before judgement was delivered. Through the stories told, the reader will not only engage with critical aspects of South African history, but will be exposed to the manner in which the possibility of our new constitutional democracy is linked to the legal precedents, traditions and culture which were built up over the past century.
Author: Thomas G. Hansford
Publisher: Princeton University Press
ISBN: 0691188041
Category : Law
Languages : en
Pages : 170
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Book Description
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Author: Mohamed Shahabuddeen
Publisher: Cambridge University Press
ISBN: 9780521046718
Category : Law
Languages : en
Pages : 268
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Book Description
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Author: Michael J. Gerhardt
Publisher: Oxford University Press
ISBN: 0199795797
Category : Law
Languages : en
Pages : 353
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Book Description
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Author: D. Neil MacCormick
Publisher: Routledge
ISBN: 1351926446
Category : Law
Languages : en
Pages : 604
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Book Description
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.
Author: Scott Brewer
Publisher: Routledge
ISBN: 1135642745
Category : Philosophy
Languages : en
Pages : 416
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Book Description
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.
Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
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Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author: Frederic René Coudert
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 340
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Bryan A. Garner
Publisher:
ISBN: 9780314634207
Category : Judicial process
Languages : en
Pages : 0
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Book Description
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.
