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endicott timothy (curatore); kristjánsson hafsteinn dan (curatore); lewis sebastian (curatore) - philosophical foundations of precedent
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Philosophical Foundations of Precedent

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Genere:Libro
Lingua: Inglese
Pubblicazione: 04/2023





Note Editore

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.




Sommario

1 - Precedent: The What, the Why, and the How
2 - The Doctrine of Precedent and the Rule of Recognition
3 - On the Nature of Stare Decisis
4 - Why Precedent Works
5 - Precedent and Legal Creep: A Cause for Concern?
6 - Elements of Precedent
7 - Precedent and Paradigm: Thomas Kuhn on Science and the Common Law
8 - Supplanting Defeasible Rules
9 - Realism About Precedent
10 - The Uses of Precedent and Legal Argument
11 - The 'Expiscation' of Legal Principles
12 - The Hermeneutics of Legal Precedent
13 - Do Precedents Constrain Reasoning?
14 - Precedent, Exemplarity, and Imitation
15 - How Does Precedent Constrain?
16 - Precedent, Contest, and Law: A Logocratic Agony That Fits
17 - Dog Law: On the Logical Structure (or lack thereof) of Distinguishing
18 - Analogical Reasoning and Precedent
19 - Precedent and Similarity
20 - Presumptive Reasons & Stare Decisis
21 - An Artefactual Theory of Precedent
22 - The Gravitational Force of Future Decisions
23 - A Precedent-Based Critique of Legal Positivism
24 - Precedent and the Source-Norm Distinction
25 - Precedent as Generalized Second-Order Reasons
26 - Reasons Holism and the Shared View of Precedent
27 - Should Courts Follow Mistaken Statutory Precedents?
28 - Precedent and Law-Making Powers
29 - Shaping our Relationship: The Power to Set a Precedent
30 - Constitutionally Erroneous Precedent as a Window on Judicial Lawmaking in the U.S. Legal System
31 - Statutory Interpretation and Binding Precedents in the Civil Law Tradition
32 - The Oracles of Codification: Informal Authority in Statutory Interpretation
33 - Predictability and Precedent
34 - Precedent Slippery Slopes
35 - 'A Previous Instance': Yamamoto and the Uses of Precedent
36 - Consistency in Administrative Law
37 - Escaping Precedent: Interlegality and Change in Rules of Recognition
38 - Hoary Precedents
39 - Partnering with the Dead to Govern the Unborn: The Value of Precedent in Judicial Reasoning
40 - Emotions and Precedent




Autore

Timothy Endicott is the Vinerian Professor of English Law at the University of Oxford. He writes on Constitutional and Administrative Law and Jurisprudence, with special interests in law and language and legal interpretation. He was a Fellow in Law at Balliol College from 1999 to 2020 and served as the Dean of the Faculty of Law in Oxford for two terms, from 2007 to 2015. He is the author of Administrative Law, 4th edition (OUP 2018) and Vagueness in Law (OUP 2000). Hafsteinn Dan Kristjánsson is an adjunct at the University of Iceland and a lecturer at Balliol College, Oxford. Before that, he was the deputy to the Parliamentary Ombudsman in Iceland. He has written two books, twenty peer-reviewed articles and book chapters, and 13 other articles or book chapters on law chiefly in the fields of administrative and constitutional law, legal method, jurisprudence, civil and criminal procedure as well as criminal law. Sebastian Lewis is Lecturer in Law, Oriel College, Oxford, and Global Associate Professor of Law, University of Notre Dame in England and Incoming Fellow in Law, University of Surrey. He is interested in jurisprudence, legal reasoning, public law, and comparative public law. He has taught constitutional law and jurisprudence for various colleges at Oxford and King's College London. He holds a Master of Laws from Harvard Law School and is a qualified lawyer in Chile.










Altre Informazioni

ISBN:

9780192857248

Condizione: Nuovo
Collana: Philosophical Foundations of Law
Dimensioni: 252 x 35.0 x 180 mm Ø 1129 gr
Formato: Copertina rigida
Pagine Arabe: 576


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