Deference
The Legal Concept and the Legal Practice
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Product details:
- Publisher OUP USA
- Date of Publication 10 January 2020
- ISBN 9780190273408
- Binding Hardback
- No. of pages228 pages
- Size 155x239x22 mm
- Weight 454 g
- Language English 0
Categories
Short description:
Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. This book aims to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use.
MoreLong description:
Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
MoreTable of Contents:
Acknowledgments
Chapter 1. Introduction: The Puzzle of Deference
Chapter 2. The Many Faces of Federal Court Deference
Chapter 3. Defining Deference
Chapter 4. Other Views of the Cathedral
Chapter 5. Extensions
