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Precedents as Rules and Practice

Precedents as Rules and Practice New Approaches and Methodologies in Studies of Legal Precedents

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Precedents as Rules and Practice

New Approaches and Methodologies in Studies of Legal Precedents

Amalie Frese | Julius Schumann

Law / General

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?

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.


Publication Date: 30 June 2022
Publisher: Bloomsbury Academic
Imprint: Nomos/Hart
ISBN-13: 9781509938506
Format: Hardback
Page Count: 208
Weight (oz): 15.68

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