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Description - A Theory of Precedent by Raimo Siltala

Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists.

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Book Details

ISBN: 9781841131238
ISBN-10: 1841131237
Format: Hardback
(234mm x 156mm x 22mm)
Pages: 288
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 25-Nov-2000
Country of Publication: United Kingdom

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Author Biography - Raimo Siltala

Raimo Siltala is Professor of Law at the University of Helsinki.