Free PDF Interpreting Precedents: A Comparative Study (Applied Legal Philosophy)

Free PDF Interpreting Precedents: A Comparative Study (Applied Legal Philosophy)

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Interpreting Precedents: A Comparative Study (Applied Legal Philosophy)

Free PDF Interpreting Precedents: A Comparative Study (Applied Legal Philosophy)

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About the Author

D. Neil MacCormick, Regius Professor of Public Law and the Law of Nature and Nations, The University of Edinburgh, UK and Robert S. Summers, McRoberts Research Professor of Law, Cornell University, USA and Arthur L. Goodhart Visiting Professor of Legal Science, University of Cambridge, UK, 1991-92

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Product details

Series: Applied Legal Philosophy

Hardcover: 598 pages

Publisher: Routledge; 1 edition (May 28, 1997)

Language: English

ISBN-10: 1855216868

ISBN-13: 978-1855216860

Product Dimensions:

6.1 x 1.7 x 9.2 inches

Shipping Weight: 2.2 pounds (View shipping rates and policies)

Average Customer Review:

5.0 out of 5 stars

1 customer review

Amazon Best Sellers Rank:

#5,495,157 in Books (See Top 100 in Books)

"Interpreting Precedents" is an outstanding analytical work as well as a unique source for further analysis. The majority of the book is devoted to separate chapters on the eleven jurisdictions studied by the group: the Federal Republic of Germany, Finland, France, Italy, Norway, Poland, Spain, Sweden, the United Kingdom, and the United States (State of New York), and the European Union. The jurisdictions can be roughly located on a continuum of approaches to determining the ratio decidendi, with fact-based holdings at one end and theoretical legal abstractions at the other. On this continuum, the approach followed in the United States be longs near the fact-based end of the spectrum, followed by the United Kingdom and the Scandinavian countries, and then perhaps Germany. The remaining jurisdictions, including France and the European Court of Justice, can be plotted or grouped near the other end. The eleven chapters on separate jurisdictions are followed by insightful studies on individual topics. Continental European reliance on precedent will increase in the coming years under the influence of at least five interrelated forces. The first force is the Europeanization of Europe. Citizens within the European Union are constantly being confronted with new, sometimes foreign legal norms and concepts. Second, the homogeneity of European courts and bars is eroding. Third, the proliferation of computers puts past decisions at the fingertips of judges and lawyers. Fourth, the ever increasing density of regulation, and the rapid changes in norms, mean more need for precedents, not less. Fifth, and most profoundly, legal realism, or some theory akin to it, is replacing positivism. This evolution reinforces the tendency to view judicial decisionmaking as something personal and individual, rather than as a component of a harmonious system of legislation. As judges become more self-conscious of their regulatory role, they will intensify their nascent, self-imposed adherence to precedent in order to reduce political disapproval, and to forestall legislative measures to restrict their ability to stray from precedent. For decades to come, "Interpreting Precedents" will serve as a benchmark in the Europeanization of precedent, and as a sourcebook for further research. But it is much more. It is a unique collection of outstanding insights into judicial structures and legitimacy, legal theory and reasoning, and comparative law.For further criticism and analysis see Professor Lundmark's review at 46 American Journal of Comparative Law 211 (1998).

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Download The Koren Tehillim (Hebrew Edition), Cover by Enya Keshet (Hebrew and English Edition)

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Product details

Hardcover: 831 pages

Publisher: Koren Publishers Jerusalem; Bilingual edition (March 15, 2017)

Language: Hebrew, English

ISBN-10: 965301207X

ISBN-13: 978-9653012073

Product Dimensions:

4.4 x 1.1 x 6.4 inches

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Amazon Best Sellers Rank:

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PDF Ebook The 800 BLUEPRINT: How to fix your credit & play the game like the rich

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Anthony Daniels is an ambitious consumer rights advocate, credit expert and serial entrepreneur who has made it his mission to teach his community the power of leveraging credit and developing financial literacy. As a teenager he made a commitment to himself to never work for anyone or trade his time for minimum wage pay. With no definitive source of legal income, he went down the wrong path that eventually landed him behind bars in his pursuit of financial gain. While being locked up, Anthony used his time wisely as he read every book he could and this is where he discovered his passion for finance, credit, real estate and consumer rights. Upon being released from prison with only $200 in his pocket, he continued to search for more information while at the same time repairing and rebuilding his own credit. With a strategy he puzzled together using high limit credit cards, he borrowed $90,000 to start his first legitimate business. Today Anthony is still pursuing knowledge and teaching what he has learned so others can comprehend and benefit from credit and practice better financial habits. "I want to help single mothers buy their first home and position ex-cons to use their credit to start businesses so they don't have to go back to a life a crime." He still plans to be a credit consultant, but wants to focus more on real estate development, building businesses and providing useful content about credit that will be available in his books for everyone.

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Product details

Paperback: 190 pages

Publisher: CreateSpace Independent Publishing Platform (February 16, 2018)

Language: English

ISBN-10: 1983471291

ISBN-13: 978-1983471292

Product Dimensions:

5.5 x 0.4 x 8.5 inches

Shipping Weight: 10.4 ounces (View shipping rates and policies)

Average Customer Review:

5.0 out of 5 stars

18 customer reviews

Amazon Best Sellers Rank:

#236,039 in Books (See Top 100 in Books)

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