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Common Precedents maintains that precedent constitutes a sophisticated and powerful mechanism for managing social and cultural change. Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, this analysis of law and literature shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. An in-depth analysis of Victorian law reports argues that precedential reasoning enables the recognition of the new and its assimilation as part of a continuous past. The binding force of precedent, which ties judges to decisions made by their predecessors, also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became material. It was vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai's monograph argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified. Common Precedents thus presents a cultural history of the forms of precedent and an intricate study of the formation of social convention.
The meanings of over 30,000 legal abbreviations are provided. They range from those in use for centuries to the most up-to-date additions and cover the UK, the USA, Europe and the Commonwealth.
“An unforgettable look at the peculiar horrors and humiliations involved in solitary confinement” from the prisoners who have survived it (New York Review of Books). On any given day, the United States holds more than eighty-thousand people in solitary confinement, a punishment that—beyond fifteen days—has been denounced as a form of cruel and degrading treatment by the UN Special Rapporteur on Torture. Now, in a book that will add a startling new dimension to the debates around human rights and prison reform, former and current prisoners describe the devastating effects of isolation on their minds and bodies, the solidarity expressed between individuals who live side by side for years without ever meeting one another face to face, the ever-present specters of madness and suicide, and the struggle to maintain hope and humanity. As Chelsea Manning wrote from her own solitary confinement cell, “The personal accounts by prisoners are some of the most disturbing that I have ever read.” These firsthand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical, and political dimensions of solitary confinement. “Do we really think it makes sense to lock so many people alone in tiny cells for twenty-three hours a day, for months, sometimes for years at a time? That is not going to make us safer. That’s not going to make us stronger.” —President Barack Obama “Elegant but harrowing.” —San Francisco Chronicle “A potent cry of anguish from men and women buried way down in the hole.” —Kirkus Reviews
The work, extracted from the four volume looseleaf service Bourkes Criminal Law Victoria, provides extensive coverage of legislation and authoritative annotations. Nash adjunct professor at RMIT.