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Author: Serge Dauchy
Publisher:
ISBN: 9783428834334
Category : Judicial opinions
Languages : en
Pages : 238
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Book Description
Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history as is demonstrated in the first volume (25/1) which was published in 2006.The second volume focuses on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court's system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions.
Author: Serge Dauchy
Publisher:
ISBN: 9783428834334
Category : Judicial opinions
Languages : en
Pages : 238
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Book Description
Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history as is demonstrated in the first volume (25/1) which was published in 2006.The second volume focuses on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court's system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions.
Author: Christopher Enright
Publisher: Federation Press
ISBN: 9781862874121
Category : Law
Languages : en
Pages : 612
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Book Description
This title is no longer stocked by us. It is now available directly from Christopher Enright:
[email protected] How should lawyers go about their tasks in working with law, in making, interpreting, using, reading and writing law? Enright's book describes clear and simple techniques for working with law. It explains why the technique is needed and what it achieves, and then provides a model for doing it. Each model consists of a step by step guide for performing the relevant task. Legal Technique is structured to be the textbook in an introductory law course where the techniques are described, and intended for re-use in later courses on substantive law where these techniques must be further taught and practised in the context of those subjects. Legal Technique is accompanied by a free Legal Technique eWorkbook (see Supplement) containing materials, questions and answers. Included are exercises for working with statutes, cases, legal texts and for solving legal problems; further exercises to practise approaches to common law and statutory law subjects generally; and specific exercises for the subjects 'Introduction to Law', 'Constitutional Law', and 'Property Law'.
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: Rupert Cross
Publisher: Clarendon Press
ISBN: 0191024449
Category : Law
Languages : en
Pages : 256
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Book Description
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.
Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 1108898815
Category : Law
Languages : en
Pages : 513
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Book Description
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.
Author: Eugene Wambaugh
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 330
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Book Description
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: Glanville Llewelyn Williams
Publisher: Universal Law Publishing Company Limited
ISBN: 9788175340060
Category : Law
Languages : en
Pages : 0
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Book Description
Learning the Law is unique among law books. It does not say what the laws is; rather, it aims to be a Guide, Philosopher and Friend to the reader at every stage of his legal studies.
Author: Laurence Goldstein
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 304
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Book Description
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: Peter Goodrich
Publisher: BRILL
ISBN: 9004354344
Category : Art
Languages : en
Pages : 70
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Book Description
Taking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi, the figure or depiction that motivates judgment. Drawing upon the history of legal humanism, and particularly the tradition of juristic emblems, it is argued that an adequate understanding of case law rules and decisions requires attention to the imagery that conceives and propels the reasoned deliberation that follows. To adequately apprehend the transmission of law in a digital age requires acknowledging that images think differently, that the ambulation of the eye in the image is very different to the linear glance of the text.
