The Intricacies of Dicta and Dissent

Administrative / Constitutional Law

The Intricacies of Dicta and Dissent

By Neil Duxbury
Cambridge University Press August 2021

Specifications

ISBN-13
9781108794886
Publisher
Cambridge University Press
Publication
August 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
HKD 403.52 −3%
HKD 416.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
The Right to Be Oneself
Hart Publishing

The Right to Be Oneself

Guido Alpa
HKD 1,197.95
Judicial Review 2nd Edition Pre-order
W. Green

Judicial Review 2nd Edition

The Right Hon Lord Clyde; Denis Edwards
HKD 2,593.50
The Future of Governance: A Radical Introduction to Law
Routledge

The Future of Governance: A Radical Introduction to Law

Roger Brownsword
HKD 491.66
Reflections on 'The Concept of Law'
Oxford University Press

Reflections on 'The Concept of Law'

A. W. Brian Simpson
HKD 970.97
Common Law – Civil Law: The Great Divide?
Springer-Verlag

Common Law – Civil Law: The Great Divide?

Nicoletta Bersier; Christoph Bezemek; Frederick Schauer
HKD 1,861.87
Nationalism and Globalisation
Hart Publishing

Nationalism and Globalisation

Stephen Tierney
HKD 1,134.90