Precedent InflationTransaction Publishers - 371 páginas Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of "stare decisis, "which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law. By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems. These services--lexis and westlaw-- are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as "law reporters." This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors. This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers. |
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... centuries and that these changes are attributable to alterations in the means by which precedents have been made available to lawyers and to judges . It tests this premise by analyzing the use of precedents during the history of the 1 1 ...
... century . 7 The next three chapters explain the premise in more detail , give its theoretical pedigree and , describe the methods used to show that it accounts for historical shifts in the implicit rationale of the common law . Chapters ...
... century judge declared that " precedent embalms a principle " ; 3 an author of the same era wrote that to " follow foolish precedents and wink with both our eyes , is easier than to think . " In The Merchant of Venice , Portia declares ...
... centuries . 7 The section immediately below outlines its role in the common law . A. Precedent and the Common Law The ... century and it controlled in the House of Lords until 1966.13 That version was never successful in this country ...
... centuries.16 The validity of the first proposition is self - evident , for unless we enforce stare decisis out of a ... century . " Before then , judges regarded earlier decisions as items of interest and perhaps as sources of guidance ...
Índice
1 | |
5 | |
23 | |
The Study | 47 |
Origins of the Rule of Precedent | 57 |
Development of Case Reporters in England | 69 |
Case Reporting in the United States | 83 |
Case Reporters and the Rule of Precedent | 111 |
LEXIS and WESTLAW | 175 |
Putting Unpublished Decisions Online An Empirical Study | 191 |
The Future of Precedent | 257 |
Postscript | 311 |
Appendices | 313 |
Bibliography | 335 |
Explanatory Note on References | 357 |
Index | 367 |
Case Reporters and the Rule of Precedent in Systems Legitimated by RationalLegal Principles | 155 |
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The Empirical Gap in Jurisprudence: A Comprehensive Study of the Supreme ... Daved Muttart Pré-visualização limitada - 2007 |