Overview

This book brings together contributions with different approaches to the study of precedent as both ‘rules’ and ‘practice’. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court’s jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?

Full Product Details

Author:   Amalie Frese (European University Institute, Italy) ,  Julius Schumann (University of Vienna, Austria)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Nomos/Hart
Dimensions:   Width: 15.40cm , Height: 2.40cm , Length: 21.80cm
Weight:   0.440kg
ISBN:  

9781509938506

ISBN 10:   1509938508
Pages:   208
Publication Date:   13 January 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction: Precedents as Rules and Practice Amalie Frese and Julius Schumann The Weight of Precedent: From Abstract Theorizing to Concrete Application: The case of the ECtHR Henrik Palmer Olsen and Martin Lolle Christensen The Practical Construction of Precedent in the Jurisprudence of the European Court of Human Rights Amalie Frese Reconstructing Scholarly Authority in International Law William Hamilton Byrne Culture Clash: The Sociology of WTO Precedent Harlan Grant Cohen Reasoning with past cases at the CJEU: linguistic, institutional and systemic constraints Elina Paunio Precedents – A Question of Memory Julius Schumann Precedents in Private Law – A Civil Law Perspective Georg Kodek The Precedent in the ICC Jurisprudence Raphaëlle Nollez-Goldbach

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Author Information

Amalie Frese holds the Danish Research Council Internationalisation Postdoc at the European University Institute in Florence, Italy. Julius Schumann is a PhD candidate and research assistant at the Department of Civil Procedure Law at the University of Vienna, Austria.

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