SUMMAERYADHERENCE TO PRECEDENT SUBCONSCIOUS ELEMENT IN THE JUDICIAL PROCESS

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The Nature Of The Judicial Process

Author : Benjamin N. Cardozo
ISBN : 9781605203577
Genre : History
File Size : 21.86 MB
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This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: [ "The Method of Philosophy" [ "The Methods of History, Tradition and Sociology" [ "The Method of Sociology, and the Judge as a Legislator" [ "Adherence to Precedent, and the Subconscious Element in the Judicial Process"
Category: History

The New Jersey Law Journal

Author :
ISBN : PRNC:32101043043841
Genre : Law
File Size : 41.10 MB
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Vols. 4-17 include General public acts passed by the 105th-118th Legislature of the state of New Jersey and lists of members of the Legislature.
Category: Law

Human Rights In The Uk And The Influence Of Foreign Jurisprudence

Author : Hélène Tyrrell
ISBN : 9781509904952
Genre : Law
File Size : 68.67 MB
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Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Category: Law

Columbia Law Review

Author :
ISBN : STANFORD:36105062373902
Genre : Electronic journals
File Size : 31.54 MB
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Columbia Law Review publishes articles and book reviews of scholarly and professional interest by academic authors and practicing attorneys, as well as notes written by members of the review.
Category: Electronic journals

Michigan Law Review

Author :
ISBN : UCR:31210015139148
Genre : Law reviews
File Size : 59.57 MB
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Category: Law reviews

Year Book

Author :
ISBN : STANFORD:36105063464098
Genre : Bar associations
File Size : 64.24 MB
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Category: Bar associations

The Judicial Process

Author : Erwin Nathaniel Griswold
ISBN : STANFORD:36105044053507
Genre : Law
File Size : 25.76 MB
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Category: Law

The Federal Bar Journal

Author :
ISBN : STANFORD:36105062744920
Genre : Bar associations
File Size : 71.74 MB
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Category: Bar associations