Precedent in English Law
Sir Rupert Cross(Author)
Clarendon Press
4th Edition
Published on 1. June 1991
Book
Hardback
256 pages
978-0-19-876162-4 (ISBN)
Description
The main aim of this book is to present 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 the "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. In examining these matters, the late Sir Rupert Cross expounded a fairly traditional practitioner's view, and this approach has been preserved in the fourth edition, although references are included to competing answers, taking into account developments in the literature since the third edition. 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 a source of reference for readers interested in the past history, present state and future developments of the English rules of precedent.
More details
Edition
4th Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Oxford University Press
Target group
College/higher education
Professional and scholarly
Edition type
Revised edition
Illustrations
bibliography
ISBN-13
978-0-19-876162-4 (9780198761624)
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Schweitzer Classification
Persons
Content
The English doctrine of precedent; "ratio decidendi" and "obiter dictum"; "stare decisis"; exceptions to "stare decisis"; precedent as a source of law; precedent and judicial reasoning; precedent and legal theory; the future.