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Jurists and Judges


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Table of Contents

The dynamics of influence - citation and its significance, the elusiveness of influence; the USA - judges on scholarship, academics on scholarship, what is to be done?; France - history of the "note d'arret", case notes and influence; England - the value of death, silver linings - better read when dead?, Pollock, Goodhart and case notes, modern times, conclusion; envoi.

About the Author

Neil Duxbury is a Professor of Law at the University of Manchester.


In this short and elegantly written book Neil Duxbury addresses the important question of the relationship between legal academics and the judiciary In his conclusion, Duxbury promises us a future and fuller study of law as an academic discipline, a work to which this reviewer greatly looks forward. Stephen Waddams University of Toronto Law Journal May 2001 Duxbury's book is essential reading for those who wish to think about the current state of English legal scholarship. As Duxbury himself observes the book leaves much more still to be done, 'this book is but a footstep on [a] formidable journey' (p. 118), but that step is a vital one. Anthony Bradney SLS Reporter May 2001 This book is a contribution to a wider discussion of the relationship between the academy and the bench, and, within its parameters, provides insights on judicial decisin making as well as posing some persistent questions about research Law teachers will find much to challenge them within its pages. Graeme Broadbent The Law Teacher May 2001 [The] preliminary chapters rapidly unsettle the stereotypical distinction of comparative law textbooks that Civil Law is 'scholar-made law' while Common Law is 'the creation of the judges' [T]he 'envoi' proclaims the book's scope to have been narrow. But this is no mere jeu d'esprit: Duxbury's text is richly footnoted and full of intriguing references to further reading. Elspeth Reid Edinburgh Law Review May 2001 [T]his study provides important insight on a topic that has needed to be addressed in comparative law, and for this reason both law professors and social scientists will want to read this valuable and thought-provoking study. Jayanth K. Krishnan The Law and Politics Book Review May 2001 Thought-provoking, well-written and amply footnoted, this slim text belongs in academic law libraries. Louise Robertson, Law Librarian, McGill University Cahiers De Droit Europeen June 2002 Professor Duxbury's small book provides some interesting reading on the relationship between academic scholarship and judges. He looks beyond mere citation counting in order to show that the influence that jurists have with judges can evolve in more subtle ways over time. The book includes an index and is extensively footnoted. R. J. Snyder, The National Judicial College, Reno International Journal of Legal Information June 2002

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