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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.
Common law --- Judicial process --- Dissenting opinions. --- Methodology. --- Separate opinions (Dissenting opinions) --- Judicial opinions --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Anglo-American law --- Law, Anglo-American --- Customary law --- Psychological aspects --- Interpretation and construction --- Obiter dictum
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Law --- Great Britain --- Stare decisis --- Précédents (Droit) --- -340.142 <41> --- Precedents (Law) --- Judgments --- Judicial process --- Legal certainty --- Res judicata --- Rechtspraak. Jurisprudentie--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Interpretation and construction --- 340.142 <41> Rechtspraak. Jurisprudentie--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Précédents (Droit) --- 340.142 <41> --- Stare decisis - Great Britain --- THEORIE GENERALE DU DROIT --- Obiter dictum --- SOURCES --- PRECEDENT --- GRANDE-BRETAGNE
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