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Brian Simpson's new book addresses the phenomenon of the leading case--the judicial decision which acquires a timeless quality, coming the stand for some legal idea, or priniciple, or doctrine thought to be central to the casuistic tradition of the common law. How do such cases arise in the first place? Can we tell why they were decided as they were? How do they come to achieve their special status? By a detailed and meticulous investigaion of their original historical context, and by tracing out their strange intellectual history, this book develops a highly original approach to the study of judicial decisions; one which represents an attack upon the deeply anti-empirical tradition of academic legal writing. Written in an unpretentious style, and in a manner which assumes of the reader no special legal expertise, this book will appeal to all those who are interested in the cultural and social history of the law and of legal thought, and who like to combine intellectual stimulation with the innocent pleasure of a good read.
This book investigates the phenomenon of the 'leading case' to determine how specific judicial decisions achieve status as foundational pillars of the common law tradition. A. W. Brian Simpson, a noted legal historian, challenges the anti-empirical tendencies of traditional academic legal writing by grounding his analysis in the specific historical and social contexts of landmark cases. By examining the intellectual history behind these decisions, the author provides a framework for understanding how legal doctrines evolve from individual disputes into enduring principles.
What You Will Find
Legal scholars and historians frequently cite this work for its accessible prose and its departure from conventional, abstract legal analysis. Experts highlight the book as a significant contribution to the study of legal culture, noting its effectiveness in bridging the gap between technical jurisprudence and broader social history.
Page Count:
336
Publication Date:
1995-10-19
Publisher:
Oxford University Press
ISBN-10:
0198258526
ISBN-13:
9780198258520
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