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The Intricacies of Dicta and Dissent by Neil Duxbury

The Intricacies of Dicta and Dissent

by Neil Duxbury
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Book cover type: Paperback
  • ISBN13: 9781108794886
  • Binding: Paperback
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 288
  • Original Price: GBP 34.0
  • Language: English
  • Edition: N/A
  • Item Weight: 386 grams
  • BISAC Subject(s): Jurisprudence

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.

Duxbury, Neil: - Neil Duxbury is Professor of English Law at the London School of Economics. He is author of Patterns of American Jurisprudence (1995), Random Justice (1999), Jurists and Judges (2001), Frederick Pollock and the English Juristic Tradition (2004), The Nature and Authority of Precedent (2008), Elements of Legislation (2013), and Lord Kilmuir (2015).

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