Judicial Reasoning and the Doctrine of Precedent in Australia

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Judicial Reasoning and the Doctrine of Precedent in Australia

ISBN : 9780409308976
Publisher : Butterworths
Author(s) :
Publication Date :
Edition : 1st
Overview 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. - Table of Contents: * 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

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