The Nature and Authority of Precedent |
 | Author: Neil Duxbury
Publisher: Cambridge University Press
Category: Book
List Price: $48.99
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Seller: GLOBAL-BOOKS
Rating:  1 reviews
Sales Rank: 1,299,409
Media: Paperback
Pages: 224
Number Of Items: 1
Shipping Weight (lbs): 0.8
Dimensions (in): 8.8 x 6 x 0.7
ISBN: 0521713366
Dewey Decimal Number: 340.11
EAN: 9780521713368
ASIN: 0521713366
Publication Date: June 2, 2008
Availability: Usually ships in 1-2 business days
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Editorial Reviews:
Product Description
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.
Book Description
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:
THE NATURE AND AUTHORITY OF PRECEDENT December 16, 2008
Luiz I. Vigil Neto (Porto Alegre - Brazil)
1 out of 2 found this review helpful
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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