Description: The Intricacies of Dicta and Dissent The book examines obiter dicta and dissenting opinions as aspects of judicial decision-making. Neil Duxbury (Author) 9781108841498, Cambridge University Press Hardback, published 12 August 2021 278 pages 23.5 x 15.9 x 2 cm, 0.54 kg 'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law Journal Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making. Preface Table of cases Prologue Essay I. Dicta: introduction 1. The civilian dimension 2. Case law as common law 3. 'Obiter' as legal entity 4. Dicta depicted 5. Oblique strategies 6. Engines of confusion 7. The necessity test 8. Cheap talk 9. Dicta and dicta 10. Nearly law? 11. Observation and authority 12. The sources problem Essay II. Dissent: introduction 13. Some preliminary observations on dissent 14. The nature of judicial dissent 15. Without contraries is no progression? 16. Stalemates and motivations 17. Dissents, decisions, and courts 18. The tug of unanimity in England's courts 19. Dissent in an apex court 20. When is a dissent not a dissent? 21. Minorities as authorities 22. Are we agreed? Index. Subject Areas: Courts & procedure [LNAA], Legal skills & practice [LAS], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Law [L]
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BIC Subject Area 1: Courts & procedure [LNAA]
BIC Subject Area 2: Legal skills & practice [LAS]
BIC Subject Area 3: Jurisprudence & philosophy of law [LAB]
BIC Subject Area 4: Jurisprudence & general issues [LA]
BIC Subject Area 5: Law [L]
Number of Pages: 278 Pages
Publication Name: The Intricacies of Dicta and Dissent
Language: English
Publisher: Cambridge University Press
Item Height: 229 mm
Subject: Law
Publication Year: 2021
Type: Textbook
Item Weight: 555 g
Author: Neil Duxbury
Item Width: 152 mm
Format: Hardcover
