Cart
Free Shipping in the UK
Proud to be B-Corp

The Nature and Authority of Precedent Neil Duxbury (London School of Economics and Political Science)

The Nature and Authority of Precedent By Neil Duxbury (London School of Economics and Political Science)

The Nature and Authority of Precedent by Neil Duxbury (London School of Economics and Political Science)


£33.49
Condition - New
Only 2 left

Summary

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.

The Nature and Authority of Precedent Summary

The Nature and Authority of Precedent by Neil Duxbury (London School of Economics and Political Science)

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.

The Nature and Authority of Precedent Reviews

...For the American reader concerned with precedent in constitutional law, there is much food for thought... --Matthew J. Franck, Radford University; Visiting Fellow, Princeton University, The Law and Politics Book Review

About Neil Duxbury (London School of Economics and Political Science)

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

Table of Contents

Part I. Introduction - The Usable Past: 1. Precedent; 2. Positivism and precedent; 3. A theory of precedent?; Part II. Why Does English Law Have a Doctrine of Precedent?: 4. The formation of a doctrine of precedent; Part III. Precedents as Reasons: 5. Looking for a certain ratio; 6. Shortcuts to reason; 7. Pre-emptive precedent?; 8. Conclusion; Part IV. Distinguishing, Overruling and the Problem of Self-Reference: 9. Distinguishing; 10. Overruling; 11. The power to overrule oneself; 12. The authority of the Practice Statement; Part V. Why Follow Precedent?: 13. Consequentialist justifications; 14. Deontological arguments; 15. Conclusion.

Additional information

NLS9780521713368
9780521713368
0521713366
The Nature and Authority of Precedent by Neil Duxbury (London School of Economics and Political Science)
New
Paperback
Cambridge University Press
2008-04-03
206
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - The Nature and Authority of Precedent