Handbook On The Law Of Judicial Precedents, Or, The Science Of Case Law

Autor*innen

• Henry Campbell Black

Parameter

• 820 Seiten
• 29 Lesestunden

• Historisches Thema
• Politikwissenschaft
• Rechtsthematik
• Sachliteratur
• Sozialwissenschaften

Mehr zum Buch

This work offers an extensive examination of judicial precedents, addressing their nature, authority, and role in comparative jurisprudence and equity. It outlines the rules for interpreting judicial decisions, the processes of analogical reasoning, and the factors influencing the strength of non-obligatory precedents. The text delves into the concept of dicta, their identification, and the rationale behind their lack of authority. It discusses the doctrine of stare decisis, particularly in relation to constitutional and statutory interpretation, property rules, and case law. The authority of precedents across different courts within a state and between federal courts is analyzed, along with the use of precedents from other jurisdictions and their varying levels of authority. The work also considers the influence of U.S. court decisions on state courts and the circumstances under which federal courts must adhere to state court rulings versus when they can exercise independent judgment. Additionally, it addresses the implications of reversing or overruling past decisions and the rules for resolving novel cases or those deemed obsolete. The first chapter sets the stage for these discussions, emphasizing the courts' approach to challenged precedents.

• Sprache: Englisch
• Erscheinungsdatum: 2022
• Einband: Paperback