CiNii 図書 - The intricacies of dicta and dissent

Summary: "Introduction We digress when, in intending to make a point, we either temporarily or permanently deviate from it. Digressions can be deliberate or unconscious. They can be to good or bad - or a mixture of good and bad - or to no effect. Distinguishing the digressive from the non-digressive is not always straightforward: comments offered as asides can strike at the very heart of a matter, just as narrative which a reader thinks peripheral might be the author's fil conducteur. Common-law judges often digress in the course of making legal decisions. The standard characterization of these digressions is that they are observations which are not integral to a decision that has been reached - that they could be taken out of a judgment without that judgment being undermined. The full legal Latin term for these observations is obiter dicta"-- Provided by publisher

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内容説明

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.

Preface
Table of cases
Prologue
Essay I. Dicta: introduction
1. The civilian dimension
2. Case law as common law
3. 'Obiter' as legal entity
4. Dicta depicted
5. Oblique strategies
6. Engines of confusion
7. The necessity test
8. Cheap talk
9. Dicta and dicta
10. Nearly law?
11. Observation and authority
12. The sources problem
Essay II. Dissent: introduction
13. Some preliminary observations on dissent
14. The nature of judicial dissent
15. Without contraries is no progression?
16. Stalemates and motivations
17. Dissents, decisions, and courts
18. The tug of unanimity in England's courts
19. Dissent in an apex court
20. When is a dissent not a dissent?
21. Minorities as authorities
22. Are we agreed?
Index.

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The intricacies of dicta and dissent

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The intricacies of dicta and dissent

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