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Judicial Reasoning and the Doctrine of Precedent in Australia
Author(s): Pyke, J; MacAdam, A
$119.00
Publisher: LexisNexis
Format: Academic, Softcover
,
Book
ISBN: 9780409308976
February, 1998
- Description
- Table of Contents
- Author/Contributor
- Description
- Table of Contents
- Author/Contributor
This book contains both a comprehensive study of the doctrine of precedent, and a study of the kinds of reasoning used by judges when they create new precedents, in cases of `first impression', or in cases where appellate courts modify or actually change the law.
* Fixed or Changing Law?
* Understanding Precedents
* Following of Precedent
* The Doctrine of Precedent
* The General Principle and Some Complications
* The Privy Council
* Persuasive Decisions
* Previous Decisions of the Same Court
* Majority Decisions and Equally Divided Courts
* What Part of a Decision is Binding?
* The Making of Precedent
* Making New Precedents
* Deduction
* Similarity and Difference
* Explaining Precedent Cases
* Principles in the Law
* Policy Arguments
* Grand Theory Raises its Head
* Values in Judge-Made Law: Law as Selectively Applied Ethics
* Consequences for Political and Legal Theory, the Study of Law, and Legal Practice
- Legal
- Corporate
- Academic
- Government
- 1705 : 8850
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