Precedent Inflation Hardcover - 1991
by Susan W. Brenner
From the publisher
Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of stare decisis, which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law.By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems.These services - lexis and westlaw - are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as law reporters. This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors.This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers.
Details
- Title Precedent Inflation
- Author Susan W. Brenner
- Binding Hardcover
- Language ENG
- Publisher Transaction Publishers, Piscataway, NJ, U.S.A.
- Date 1991-01
- ISBN 9780887384400
Remote Content Loading...
Hang on… we’re fetching the requested page.
Book Conditions Explained
Biblio’s Book Conditions
-
As NewThe book is pristine and free of any defects, in the same condition as when it was first newly published.
-
Fine (F)A book in fine condition exhibits no flaws. A fine condition book closely approaches As New condition, but may lack the crispness of an uncirculated, unopened volume.
-
Near Fine (NrFine or NF)Almost perfect, but not quite fine. Any defect outside of shelf-wear should be noted.
-
Very Good (VG)A used book that does show some small signs of wear - but no tears - on either binding or paper. Very good items should not have writing or highlighting.
-
Good (G or Gd.)The average used and worn book that has all pages or leaves present. ‘Good’ items often include writing and highlighting and may be ex-library. Any defects should be noted. The oft-repeated aphorism in the book collecting world is “good isn’t very good.”
-
FairIt is best to assume that a “fair” book is in rough shape but still readable.
-
Poor (P)A book with significant wear and faults. A poor condition book can still make a good reading copy but is generally not collectible unless the item is very scarce. Any missing pages must be specifically noted.