Nature and Authority of Precedent by Neil Duxbury
Look inside with Google Book Preview
Nature and Authority of Precedent
By Neil Duxbury

The Nature and Authority of Precedent

By (author) See other recent books by Neil Duxbury
Format: Paperback

Normal Price: $72.95
Your Price: $65.66 AUD, inc. GST
Shipping: $7.95 per order
You Save: $7.30! (10% off normal price)
Plus...earn $3.28 in Boomerang Bucks
Availability: Available Available to Backorder, No Due Date for Supply



Nature and Authority of Precedent by Neil Duxbury

Book 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.

Buy Nature and Authority of Precedent book by Neil Duxbury from Australia's Online Bookstore, Boomerang Books.


Book Details

ISBN: 9780521713368
ISBN-10: 0521713366
Format: Paperback
(228mm x 152mm x 11mm)
Pages: 206
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 3-Apr-2008
Country of Publication: United Kingdom

Other Editions...


Books By Author Neil Duxbury

Elements of Legislation by Neil Duxbury Elements of Legislation, Hardback (November 2012)

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Frederick Pollock and the English Juristic Tradition by Neil Duxbury Frederick Pollock and the English Juristic Tradition, Hardback (September 2004)

Provides a historical account of one of England's jurists, drawing upon several sources, and examines Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives. This book shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.

Random Justice by Neil Duxbury Random Justice, Paperback (September 2002)

Explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, this book considers the history, advantages, and drawbacks of deciding issues of social significance by lot.

» View all books by Neil Duxbury

Reviews

» Have you read this book? We'd like to know what you think about it - write a review about Nature and Authority of Precedent book by Neil Duxbury and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a member - it's free to sign up!)

Write a book review


Author Biography - Neil Duxbury

Neil Duxbury is Professor of Law at the London School of Economics.

Boomerang Bucks close

For every $20 you spend on books, you will receive $1 in Boomerang Bucks loyalty dollars. You can use your Boomerang Bucks as a credit towards a future purchase from Boomerang Books. Note that you must be a Member (free to sign up) and that conditions do apply.

Recent books by Neil Duxbury close
Lord Kilmuir by Neil Duxbury
Elements of Legislation by Neil Duxbury
Elements of Legislation by Neil Duxbury
Frederick Pollock and the English Juristic Tradition by Neil Duxbury
Random Justice by Neil Duxbury
Jurists and Judges by Neil Duxbury
Random Justice by Neil Duxbury
Patterns of American Jurisprudence by Neil Duxbury
Patterns of American Jurisprudence by Neil Duxbury
»
BoomerangBooks.com.au close