Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential constraint, according to which decisions in earlier cases constrain later courts while still allowing these courts the freedom to address new situations in creative ways. Although this doctrine is applied by legal practitioners on a daily basis, it has proved to be considerably more difficult to develop an adequate theoretical account of the doctrine itself. Drawing on recent work in legal theory, as well as AI and law, this book develops a new account of precedential constraint and the balance achieved in the common law between constraint and freedom. This account, which involves construction of a group priority ordering among reasons, is then applied to other topics including the semantics of open-textured predicates and the practice of making exceptions to general rules.
- ISBN:
- 9781009356503
- 9781009356503
-
Category:
- Philosophy
- Format:
- Hardback
- Publication Date:
-
30-11-2024
- Language:
- English
- Publisher:
- Cambridge University Press
- Country of origin:
- United Kingdom
This title is in stock with our Australian supplier and should arrive at our Sydney warehouse within 2 - 3 weeks of you placing an order.
Once received into our warehouse we will despatch it to you with a Shipping Notification which includes online tracking.
Please check the estimated delivery times below for your region, for after your order is despatched from our warehouse:
ACT Metro: 2 working days
NSW Metro: 2 working days
NSW Rural: 2-3 working days
NSW Remote: 2-5 working days
NT Metro: 3-6 working days
NT Remote: 4-10 working days
QLD Metro: 2-4 working days
QLD Rural: 2-5 working days
QLD Remote: 2-7 working days
SA Metro: 2-5 working days
SA Rural: 3-6 working days
SA Remote: 3-7 working days
TAS Metro: 3-6 working days
TAS Rural: 3-6 working days
VIC Metro: 2-3 working days
VIC Rural: 2-4 working days
VIC Remote: 2-5 working days
WA Metro: 3-6 working days
WA Rural: 4-8 working days
WA Remote: 4-12 working days
Share This Book: