Precedents as Rules and Practice: New Approaches and Methodologies in Studies of Legal Precedents

ISBN 10: 1509938508 / ISBN 13: 9781509938506

Published by Hart Publishing Ltd., 2022

About this Item

Seller Inventory # 391691672

Bibliographic Details

• Title: Precedents as Rules and Practice: New Approaches and Methodologies in Studies of Legal Precedents
• Publisher: Hart Publishing Ltd.
• Publication Date: 2022
• Language: English
• ISBN 10: 1509938508
• ISBN 13: 9781509938506
• Binding: Hardcover
• Condition: New

About this title

Synopsis

This book brings together contributions with different approaches to the study of precedent as both 'rules' and 'practice'. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court's jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?

About the Authors

Amalie Frese holds the Danish Research Council Internationalisation Postdoc at the European University Institute in Florence

Julius Schumann is a PhD candidate and research assistant at the Department of Civil Procedure Law at the University of Vienna.