
Precedents as Rules and Practice
New Approaches and Methodologies in Studies of Legal Precedents
Nomos/Hart (Publisher)
Published on 13. January 2022
Book
Hardback
208 pages
978-1-5099-3850-6 (ISBN)
Description
This book brings together contributions with different approaches to the study of precedent as both 'rules' and 'practice'. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court's jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 218 mm
Width: 154 mm
Thickness: 24 mm
Weight
440 gr
ISBN-13
978-1-5099-3850-6 (9781509938506)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Amalie Frese holds the Danish Research Council Internationalisation Postdoc at the European University Institute in Florence, Italy.
Julius Schumann is a PhD candidate and research assistant at the Department of Civil Procedure Law at the University of Vienna, Austria.
Julius Schumann is a PhD candidate and research assistant at the Department of Civil Procedure Law at the University of Vienna, Austria.
Editor
European University Institute, Italy
University of Vienna, Austria
Content
Introduction: Precedents as Rules and Practice
Amalie Frese and Julius Schumann
The Weight of Precedent: From Abstract Theorizing to Concrete Application: The case of the ECtHR
Henrik Palmer Olsen and Martin Lolle Christensen
The Practical Construction of Precedent in the Jurisprudence of the European Court of Human Rights
Amalie Frese
Reconstructing Scholarly Authority in International Law
William Hamilton Byrne
Culture Clash: The Sociology of WTO Precedent
Harlan Grant Cohen
Reasoning with past cases at the CJEU: linguistic, institutional and systemic constraints
Elina Paunio
Precedents - A Question of Memory
Julius Schumann
Precedents in Private Law - A Civil Law Perspective
Georg Kodek
The Precedent in the ICC Jurisprudence
Raphaelle Nollez-Goldbach
Amalie Frese and Julius Schumann
The Weight of Precedent: From Abstract Theorizing to Concrete Application: The case of the ECtHR
Henrik Palmer Olsen and Martin Lolle Christensen
The Practical Construction of Precedent in the Jurisprudence of the European Court of Human Rights
Amalie Frese
Reconstructing Scholarly Authority in International Law
William Hamilton Byrne
Culture Clash: The Sociology of WTO Precedent
Harlan Grant Cohen
Reasoning with past cases at the CJEU: linguistic, institutional and systemic constraints
Elina Paunio
Precedents - A Question of Memory
Julius Schumann
Precedents in Private Law - A Civil Law Perspective
Georg Kodek
The Precedent in the ICC Jurisprudence
Raphaelle Nollez-Goldbach