Interpreting Precedents: A Comparative Study, 1st Edition (Paperback) book cover

Interpreting Precedents

A Comparative Study, 1st Edition

Edited by D. Neil MacCormick, Robert S. Summers


598 pages

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Paperback: 9781138270244
pub: 2016-08-26
Hardback: 9781855216860
pub: 1997-06-19
eBook (VitalSource) : 9781315251905
pub: 2016-12-05
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This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.


’…provides concise and accessible introductions…for anyone interested in exploring and stimulating any aspect of the reasoning with legal precedents that occur in law, Interpreting Precedents would be a valuable reference.’ Artificial Intelligence and Law ’…a highly important contribution to the theory of the sources of law. It is impossible to sum up in just a few lines the exceptional richness of this volume.’ International Journal of Comparative Law

Table of Contents

Contents: Introduction, D. Neil MacCormick and Robert S. Summers; Precedent in the Federal Republic of Germany, Robert Alexy and Ralph Dreier; Precedent in Finland, Aulis Aarnio; Precedent in France, Michel Troper and Christophe Grzegorczyk; Precedent in Italy, Massimo La Torre and Michele Taruffo; Precedent in Norway, Svein Eng; Precedent in Poland, Lech Morawski and Marek Zirk-Sadowski; Precedent in Spain, Francisco J. Laporta and Alfonso Ruiz Miguel; Precedent Interpretation in Sweden, Gunnar Bergholtz and Aleksander Peczenick; Precedent in the United Kingdom, Zenon Bankowski, D. Neil MacCormick and Geoffrey Marshall; Precedent in the United States (New York State), Robert S. Summers; Precedent in European Community Law, John J. Barceló; Institutional Factors Influencing Precedents, Michele Taruffo; The Binding Force of Precedent, Aleksander Peczenick; Rationales for Precedent, Zenon Bankowski, D. Neil MacCormick, Lech Morawski and Alfonso Ruiz Miguel; What is Binding in a Precedent, Geoffrey Marshall; Departures from Precedent, Svein Eng and Robert S. Summers; Further General Reflections and Conclusions; D. Neil MacCormick and Robert S. Summers.

About the Editors

D. Neil MacCormick, Regius Professor of Public Law and the Law of Nature and Nations, The University of Edinburgh, UK and Robert S. Summers, McRoberts Research Professor of Law, Cornell University, USA and Arthur L. Goodhart Visiting Professor of Legal Science, University of Cambridge, UK, 1991-92

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Annotations & Citations