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.
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