The book is aimed at judges, barristers and academic lawyers. It examines obiter dicta and dissenting opinions as aspects of English case law. The author shows that dicta and dissent have complex histories, have been put to various uses, and resist straightforward categorization as secondary sources of law.
The book is aimed at judges, barristers and academic lawyers. It examines obiter dicta and dissenting opinions as aspects of English case law. The author shows that dicta and dissent have complex histories, have been put to various uses, and resist straightforward categorization as secondary sources of law.
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).
Inhaltsangabe
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.
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.
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