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Using statutes and cases in common and civil law (2016)
Journal Article
Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469. https://doi.org/10.1080/20414005.2016.1275590

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding... Read More

The methodology of using precedents
Book Chapter
Lundmark, T. The methodology of using precedents

This paper elucidates the common law doctrine of stare decisis and the methodology of using precedents, including the practice of distinguishing and overruling them.