Precedent in English Law

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Precedent in English Law by Rupert Cross, J. W. Harris, Clarendon Press
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Author: Rupert Cross, J. W. Harris ISBN: 9780191024443
Publisher: Clarendon Press Publication: June 13, 1991
Imprint: Clarendon Press Language: English
Author: Rupert Cross, J. W. Harris
ISBN: 9780191024443
Publisher: Clarendon Press
Publication: June 13, 1991
Imprint: Clarendon Press
Language: English
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
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This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.

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