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Authority in the Common Law

Authors: Jaffey, P;

Authority in the Common Law

Abstract

The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal reasoning in the common law. Dworkin’s theory of interpretation as applied to the common law is not open to these objections, but its critics object that it lacks a sound basis in a theory of authority. In this article, I suggest an understanding of authority in the common law that explains the distinctive features of common law legal reasoning and does not equate the common law with a body of rules.

Country
United Kingdom
Related Organizations
Keywords

Legal reasoning, Authority, Exclusionary rules, Common law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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Average
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