The main aim of this book is to present a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of the "ratio decidendi" of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning and the account which must be taken of them by any general theory of law. In examining these matters, the late Sir Rupert Cross expounded a fairly traditional practitioners view, and this approach has been preserved in the fourth edition, although references are included to competing answers, taking into account developments in the literature since the third edition. Re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community Law, making it a source of reference for readers interested in the past history, present state and future developments of the English rules of precedent.
`The best book in its field on the topic.'
Mark Lunney, King's College London
`This is an excellent book and it is an essential reading for anyone who wants to know the operation of English law.'
Say Hak Goo, University of Exeter
`This is an excellent book which will remain a primary text for many years to come.'
Stephen Shute, Corpus Christi College
`An excellent survey of `precedent' in English law.'
A.M. McGuire, Leicester Polytechnic
The English doctrine of precedent; "ratio decidendi" and "obiter dictum"; "stare decisis"; exceptions to "stare decisis"; precedent as a source of law; precedent and judicial reasoning; precedent and legal theory; the future.
Series: Clarendon Law
Number Of Pages: 256
Published: 13th June 1991
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 22.0 x 16.1
Weight (kg): 0.33
Edition Number: 4
Edition Type: Revised