The Intricacies of Dicta and Dissent

The Intricacies of Dicta and Dissent

Author: Neil Duxbury

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 513

ISBN-13: 1108898815

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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.


Law and the Rise of Capitalism

Law and the Rise of Capitalism

Author: Michael Tigar

Publisher: NYU Press

Published: 2000-06

Total Pages: 351

ISBN-13: 1583670300

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Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.


Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide

Author: Vernon Valentine Palmer

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 727

ISBN-13: 1139510355

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This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.


Equity and Law

Equity and Law

Author: John C. P. Goldberg

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 483

ISBN-13: 1108421318

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The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.


When Abortion Was a Crime

When Abortion Was a Crime

Author: Leslie J. Reagan

Publisher: Univ of California Press

Published: 2022-02-22

Total Pages: 433

ISBN-13: 0520387422

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The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.