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Great Australian Dissents (Paperback)
Loot Price: R1,124
Discovery Miles 11 240
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Great Australian Dissents (Paperback)
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Total price: R1,144
Discovery Miles: 11 440
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When judges disagree, those in the minority write a dissenting
opinion. This book considers the great dissents in Australian law.
Their worth may derive from numerous factors, including their
rhetorical force as a piece of legal reasoning or emotive power as
a judicial lament for the 'error' into which the majority has
fallen; the general importance of the issue at stake; as a
challenge to the orthodoxy; and, sometimes, the subsequent
recognition of a dissenting opinion's correctness and its ultimate
vindication. On some occasions, all these features may be strongly
present, on others only some. Through a diverse selection of
memorable dissenting opinions, this book illuminates the topic of
judicial disagreement more generally - not only through examples of
instances when minority opinions have been distinctly valuable, but
by drawing out a richer understanding of the attributes and
circumstances which lead some dissents to become iconic, while so
many lie forgotten.
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