Legal Theory & Precedent
Doctrines of jurisprudence, methodologies of judicial interpretation, judicial reasoning structures, and the operation of legal precedent.
Inside this collection
Stare Decisis & Judicial Precedent
Ratio decidendi vs obiter dicta, binding vs persuasive authority, per incuriam decisions, and criteria for overruling.
Statutory Interpretation Rules
Literal, golden, and mischief rules, ejusdem generis, expressio unius, and presumptions against extraterritoriality.
Purposive & Teleological Methods
Legislative intent inquiry, drafting history (travaux préparatoires), Pepper v Hart admissibility, and civilian teleology.
Natural Law & Legal Positivism
The separation of law and morals, Hart-Fuller debate, Kelsen's pure theory, and the legal validity of unjust laws.
Judicial Discretion & Lacunae
Hard cases, judicial legislation vs interpretation, Dworkinian rights thesis, and lacunae in statutory codes.
Critical Legal Studies & Realism
Scepticism of formal legal rules, law as an instrument of social and economic hierarchy, and pragmatic judicial behavior.
Comparative Legal Methodology
Functionalism in comparative research, structural divergence between common and civilian traditions, and legal transplants.
Retroactivity & Legal Transitions
Presumption against retrospective legislation, prospective overruling doctrines, and legal continuity during constitutional shifts.
Court decisions deserve
a closer reading.
We separate the factual record, the holding and editorial analysis. Jurisdiction and context matter.
Our approach