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What is the justification for following precedents? Are judicial pronouncements on precedent rules, or just conventions? Contributors to this book address these and other intriguing questions vital to the understanding and interpretation of precedent and the workings of law.
This collection of essays investigates the philosophical and practical justifications for the doctrine of precedent within legal systems. Laurence Goldstein and a group of legal scholars examine whether judicial pronouncements regarding precedent function as binding rules or merely as established conventions. The text provides a rigorous analysis of how precedent shapes the interpretation of law and influences judicial decision-making processes.
What You Will Find
Legal scholars and practitioners frequently cite this work as a significant contribution to the study of jurisprudence. Experts highlight the text for its analytical depth and its ability to clarify complex theoretical debates surrounding the nature of legal authority.
Page Count:
294
Publication Date:
1988-04-14
Publisher:
Oxford University Press
ISBN-10:
0198255268
ISBN-13:
9780198255260
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