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Friday, July 17, 2020 | History

2 edition of authority of precedent found in the catalog.

authority of precedent

Neil Duxbury

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

  • 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

    The authority of the judicial precedent Jueces y reglas. La autoridad del precedente judicial. pages Colombia; Universidad de La Sabana; In this book, the following specific issues are addressed: 1) the way in which the rules, and in this case the judicial precedents, define how to act, regardless of the considerations of the. It turns out that the authority of precedent is just one of those things: it sprang up from the soil watered by a variety of historic choices of the bench and bar, and it simply seems to work for us. It is not the only possible system for achieving the goods at which it aims, as the civil law system suggests with the much lower value it places.

    The book states that it is "a codification of the present-day general parliamentary law". "General parliamentary law" refers to the common rules and customs for conducting business in organizations and assemblies. It does not refer to statutory legal requirements nor to common-law precedent derived from court judgments.   Type of authority is the first characteristic to consider under rule When dealing with the same type of authority, such as several statutes or cases, the relevant characteristic is the identity of the issuing authority, typically a government or legal body such as a legislature or court.

    1 day ago  Legal Authority for States’ Stay-at-Home Orders To prevent officials from trampling civil liberties during emergencies, some checks on their power are essential, but in striking down the state. with political authority in both republican and im-perial Rome – the elders, senators, consuls, dictators, and emperors – commemorated the city’s foundation through their actions; those engaged in architecture honored the important precedent set by the Temple of Jupiter Capitolinus by emulating it. This book .


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Authority of precedent by Neil Duxbury Download PDF EPUB FB2

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 Cited by:   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 by:   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 authority of precedent book 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 authority of precedent book 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. 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.

Get this from a library. The nature and authority of precedent. [Neil Duxbury] -- "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. Buy a discounted Paperback of The Nature and Authority of Precedent online from Australia's leading online bookstore.

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.

Precedent that must be applied or followed is known as binding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears.

In state and federal courts in the. Download the nature and authority of precedent or read online books in PDF, EPUB, Tuebl, and Mobi Format. Click Download or Read Online button to get the nature and authority of precedent book now.

This site is like a library, Use search box in the widget to get ebook that you want. Essays In The History Of Canadian Law. The Nature and Authority of Precedent by Neil Duxbury () Paperback Bunko – January 1, out of 5 stars 2 ratings See Reviews: 2.

Types of precedent Binding precedent. Precedent that must be applied or followed is known as binding precedent (alternately mandatory precedent, mandatory or binding authority, etc.).Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears.

In the United States state and federal courts. A precedent is not destroyed merely because it was badly argued, inadequately considered and fallaciously reasoned.

Total absence of argument vitiates the precedent. A decision is an authority only for what it actually decides and not for what may logically or remotely follows from it. In litigating a case in Tax Court, taxpayers must research and determine which authority best supports their position.

Because they are precedential, T.C. opinions are the strongest form of authority. However, memo opinions, summary opinions, and even orders should not be overlooked as additional sources of support.The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

The book is essential reading for anyone concerned about the proper role of the judiciary.