Handbook On The Law Of Judicial Precedents Or The Science Of Case Law

Excerpt from Handbook on the Law of Judicial Precedents, or the Science of Case Law Nearly a quarter of a century ago, the late Mr. Justice Miller, of the Supreme Court of the United States, in a public address on the use and value of authorities in the argument and decision of cases, expressed his surprise that no book had yet been written, or none that he had seen, distinctively devoted to the subject on which he was speaking, adding, perhaps by way of explanation of the fact, that the sources of such a work are not ample and are difficult to come at. If a systematic and comprehensive treatise on the law of judicial precedents was a desideratum at that time, it is much more so to - day. For the reported decisions have enormously multiplied, and the lawyer's problem now is not merely to find the law, but to weigh and estimate the value of what he discovers. Now, more than ever, he needs a guide through the lawless science of the law, the count less myriad of precedents. Moreover the rules which gov ern the subject, - ii rules they can be called, which rest only in judicial discretion and have no stronger sanction than judicial habit, - are intricate and not free from confusion, and have long been in need of clear and discriminating ex position. Also it is true that the very theory of the prece dent has been vigorously assailed of late in high quarters, and there are evidences of an insistent demand for greater flexibility in the interpretation of the law and a closer cor respondence between the rulings of the courts and what is supposed to be the spirit of the age or the wants and wishes of the people. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law. For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear. Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers. Published under the Transnational Publishers imprint.

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.