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Vol 21 No 11 Nov/Dec 2016

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Jurists and Judges: An Essay on Influence

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Neil DuxburyProfessor of Law, University of Manchester

ISBN13: 9781841132044
ISBN: 1841132047
Published: April 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £26.00



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""Jurists and Judges"" examines the nature of academic influence, and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - should profit from reading this book.

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Subjects:
Jurisprudence, General Interest, Courts and Procedure
Contents:
The dynamics of influence - citation and its significance, the elusiveness of influence; the USA - judges on scholarship, academics on scholarship, what is to be done?; France - history of the ""note d'arret"", case notes and influence; England - the value of death, silver linings - better read when dead?, Pollock, Goodhart and case notes, modern times, conclusion; envoi.