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Great Australian Dissents

Edited by Andrew Lynch
Format: Hardback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 8th Sep 2016
Dimensions: w 152mm h 229mm d 22mm
Weight: 695g
ISBN-10: 1107158532
ISBN-13: 9781107158535
Barcode No: 9781107158535
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Synopsis
When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.

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