Precedent in law
Author(s)
Bibliographic Information
Precedent in law
Clarendon Press , Oxford University Press, 1987
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Note
Bibliography: p. [249]-273
Includes index
Description and Table of Contents
Description
Precedent is one of the most crucial aspects of legal systems and is vital to an understanding of law. The contributors to this work address a range of issues raised by the principle that legal decisions should follow those of past similar cases. These include the justification for following precedents; whether it is better to have the absolute following of past decisions or a weaker implementation that allows for limited departures; what social and theoretical forces influence changes in the doctrine; whether judicial pronouncements on precedent are rules or conventions. Also, how the "ratio decidendi" of a case is identified and by what means a general "projectible" conclusion may be elicited from a particular judgement.
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