Tuesday, August 17, 2021

Duxbury's "Dicta and Dissent"

Neil Duxbury, London School of Economics and Political Science, has published The Intricacies of Dicta and Dissent (Cambridge University Press):

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.

Professor Duxbury is the author of, among other things, the indispensable Patterns of American Jurisprudence (1995).

--Dan Ernst