Scottish Law Magazine, and Sheriff Court Reporter, 1864, Vol. 3 (Classic Reprint)

Scottish Law Magazine, and Sheriff Court Reporter, 1864, Vol. 3 (Classic Reprint)

Author: Scotland Sheriff Courts

Publisher: Forgotten Books

Published: 2018-02-21

Total Pages: 248

ISBN-13: 9780666101099

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Excerpt from Scottish Law Magazine, and Sheriff Court Reporter, 1864, Vol. 3 I do not mean to argue that the extent of work should be wholly left out of view, but what I would maintain is, that where that consideration is let in, it should be as the exception, not the rule. In the very large towns it should certainly be taken into view, and have great weight; but when you put aside these, I think I have shown very good reasons why it should tell but little. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


A Concise History of the Common Law

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

Published: 2001

Total Pages: 828

ISBN-13: 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.


Thinking Like a Lawyer

Thinking Like a Lawyer

Author: Frederick F. Schauer

Publisher: Harvard University Press

Published: 2009-04-27

Total Pages: 256

ISBN-13: 0674032705

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This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.


Plea Bargaining’s Triumph

Plea Bargaining’s Triumph

Author: George Fisher

Publisher: Stanford University Press

Published: 2003

Total Pages: 424

ISBN-13: 9780804751353

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Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.


Up and Down California in 1860-1864

Up and Down California in 1860-1864

Author: William Henry Brewer

Publisher: Univ of California Press

Published: 1974

Total Pages: 630

ISBN-13: 9780520027626

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The journal seems to contain information for everyone regardless of one's interest...Each page of this almost six hundred page journal is crammed with facts and descriptions. So much of interest is contained in every entry that each re-reading will reveal many interesting incidents or observations not quite grasped on the first perusal....This book will be a valuable source to all students of California or United States history and to the casual readers as well.