Jurists and judges : an essay on influence
著者
書誌事項
Jurists and judges : an essay on influence
Hart Publishing, 2001
- : pbk
- タイトル別名
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Jurists & judges
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注記
Includes index
内容説明・目次
内容説明
Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - will profit from reading this most informative and engaging book.
目次
- The dynamics of influence - citation and its significance, the elusiveness of influence
- the USA - judges on scholarship, academics on scholarship, what is to be done?
- France - history of the "note d'arret", case notes and influence
- England - the value of death, silver linings - better read when dead?, Pollock, Goodhart and case notes, modern times, conclusion
- envoi.
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