The intricacies of dicta and dissent / Neil Duxbury, London School of Economics and Political Science.

Format:

Book

Author/Creator:

Duxbury, Neil, author.

Language:

English

Subjects (All):

Common law--Methodology.

Common law.

Judicial process--England.

Judicial process.

Dissenting opinions.

Methodology.

England.

Physical Description:

1 online resource (xxv, 260 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2021.

System Details:

text file

PDF

Summary:

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.

Contents:

Introduction

The civilian dimension

Case law as common law

"Obiter" as legal entity

Dicta depicted

Oblique strategies

Engines of confusion

The necessity test

Cheap talk

Dicta and dicta

Nearly law?

Observation and authority

The sources problem

Some preliminary observations on dissent

The nature of judicial dissent

Without contraries is no progression?

Stalemates and motivations

Dissents, decisions, and courts

The tug of unanimity in England's courts

Dissent in an apex court

When is a dissent not a dissent?

Minorities as authorities

Are we agreed?

Notes:

Title from publisher's bibliographic system (viewed on 30 Jul 2021).

Other Format:

Print version:

ISBN:

9781108882590

Access Restriction:

Restricted for use by site license.