authority of precedent
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authority of precedent two problems by Neil Duxbury

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Published by Faculty of Law, University of Toronto in [Toronto] .
Written in English

Subjects:

  • Jurisprudence.,
  • Legal authorities

Book details:

Edition Notes

Statementby Neil Duxbury.
SeriesLegal theory workshop series -- LTW 2005-2006 (4)
ContributionsUniversity of Toronto. Faculty of Law.
The Physical Object
Pagination31 p. ;
Number of Pages31
ID Numbers
Open LibraryOL19599224M

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  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 . 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. 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. book, rather, is to examine the various possible explanations for such constraint, and to advance a number of arguments which might facil- itate a better understanding of the nature and authority of precedent.

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. Legal textbooks include books of authority, modern textbooks, casebooks, practice books, and precedent books. Many key legal textbooks are available electronically in LexisLibrary (under Commentary) and in Westlaw (under Books). Textbooks of all types are frequently cited in court, but only a small group are regarded as 'books of authority'. 5 N. Duxbury, The Natur e and Authority of Precedent, Oxford University Press, , p. This book is concerned with explicating the conceptual relationships between law and morality. In. The Nature and Authority of Precedent by Neil Duxbury, , available at Book Depository with free delivery worldwide. The Nature and Authority of Precedent: Neil Duxbury: We use cookies to give you the best possible experience.

  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 : Neil Duxbury. "The constitutional historian, the international lawyer, the real property expert, the common law practitioner, the civilian and even the general reader will each find something to his address. It is a book to browse and enjoy at leisure.": Law Quarterly Review The book concludes with a table of cases and name and general indexes. Stephen Waddams* AUTHORITY PRECEDENT, AND PRINCIPLE* The concept of binding precedent is so familiar to common lawyers that they might mistakenly suppose that the concept is a simple one. Neil Duxbury has shown, in a persuasive and elegantly written book, that, on the contrary, the concept bristles with historical, practical, and theor-. It complements the traditional classification of precedents in intermediate and persuasive binding, in order to enable the thought on the authority of the precedent not only as a normative choice.