Neil Duxbury
Biographic Data
| ID | 5201434 |
|---|---|
| NAME | Neil Duxbury |
| GIVEN NAMES | Neil |
| FAMILY NAME | Duxbury |
| SIGNATURE | DUXBURY N |
| AFFILIATIONS | University of Manchester |
| VERIFIED | No |
| TOTAL WORKS | 27 |
| TOTAL CITATIONS | 4 |
| AUTHOR COUNT | 27 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 1 |
Acquisitive prescription and fundamental rights
Various seventeenth-century parliamentarians resorted to the concept of acquisitive prescription when denouncing irresponsible use of the royal prerogative. Often, the concept was invoked to convey nothing more than that a custom had existed since time immemorial. Yet sometimes the concept was used in its legal sense – to denote the acquisition of a right (as if someone with the authority to grant that right had done so) by virtue of some instanc…
The Law of the Land
This article considers the status of foreign precedents in national courts. It examines possible reasons for courts referring to them and concludes that, absent some incorporating convention, judges cannot ever be said to have an obligation to refer to them. But it also shows that there is nothing unprincipled about national courts choosing to treat foreign precedents as persuasive authority, notwithstanding that there are some good reasons, espe…
Lord Wright and Innovative Traditionalism
This study presents the mid-twentieth-century English lord of appeal, Lord Wright, as an innovative traditionalist judge. Judges have a duty to be creative, Wright believed, but only within the framework of existing legal authority. Wright explained his innovative traditionalist perspective in relation to precedent, public policy, and legislation, and he illustrated his perspective particularly by way of contributions to decisions on worker compe…
Hans Kelsen's Pure Theory of Law: Legality and Legitimacy by Lars Vinx
Frederick Pollock and the English Juristic Tradition
Frederick Pollock and the English Juristic Tradition Get access Duxbury Neil. Frederick Pollock and the English Juristic Tradition. Oxford: Oxford University Press, 2004. xii + 360 pp. $125.00. Steve Sheppard Steve Sheppard University of Arkansas School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 1, January 2006, Pages 110–112, https://doi.org/10.2307/25434782…
Jurists Uprooted: German-speaking Emigre Lawyers in Twentieth-century Britain
Jurists and Judges: An Essay on Influence
Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academi…
Chance, Reason, and the Rule of Law
Law and Economics, Science and Politics
I have been invited, and consider it a privilege, to comment briefly on James Hackney's article, Law and Neoclassical Economics. Perhaps it is unnecessary to remark that the article is both engaging and original. Not only does its quality speak for itself, but Hackney is not unforthcoming in speaking for himself. His in-depth and nuanced historical examination of law and neoclassical economics, he tells us, is the first to discuss the intellectua…
Ambition and Adjudication
Eating Spaghetti with a Spoon
In this essay, Laura Kalman examines Neil Duxbury's Patterns of American Jurisprudence. She dissects his treatment of the six significant jurisprudential movements of this century: legal formalism, legal realism, policy science, process theory, law and economics, and critical legal studies. Kalman especially admires Duxbury's discussions of realism, policy science, and process theory. She also finds his history of law and economics at the Univers…
Patterns of American Jurisprudence
Journal Article Patterns of American Jurisprudence Get access Duxbury Neil, Patterns of American Jurisprudence. Oxford: Oxford University Press, 1995. viii, 520 pp. $49.95. William P. LaPiana William P. LaPiana The New York Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 1, January 1997, Pages 127–128, https://doi.org/10.2307/845474 Published: 01 January 1997
Patterns of American Jurisprudence
Managing Legal Uncertainty: Elite Lawyers in the New Deal
Do Markets Degrade
Struggling with Legal Theory
The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence
Journal Article The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence Get access Presser Stephen B., The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence, Durham, N.C.: Carolina Academic Press, 1991, xii, 272 pp. $34.95. Neil Duxbury Neil Duxbury University of Manchester, England, Faculty of Law Search for other works by this author on: Oxford Aca…
Pragmatism Without Politics
Judicial Review and the Law of the Constitution
Journal Article Judicial Review and the Law of the Constitution Get access Snowiss Sylvia, Judicial Review and the Law of the Constitution.New Haven and London: Yale University Press, 1990, ix, 228 pp.$25.00. Neil Duxbury Neil Duxbury University of Manchester, England, Faculty of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 35, Issue 2, April 1991, Pages 228–230, https://do…
Jerome Frank and the Legacy of Legal Realism
It is a rather sad fact that jurisprudence, for those who follow the subject, has always been a name-game. Mention a movement positivism, utilitarianism, Scandinavian realism, whatever and, more often than not, certain core representatives of that movement can, as if automatically, be summoned to mind. In Britain, the core representatives of the movement which we call American legal realism are commonly considered to be Karl Llewellyn and Jerome …
Is There a Dissenting Tradition in Law and Economics
Women's Law
Back to the middle ages
Robert Hale and the Economy of Legal Force
Making Legal History
Law and Economics, Science and Politics
I have been invited, and consider it a privilege, to comment briefly on James Hackney's article, Law and Neoclassical Economics. Perhaps it is unnecessary to remark that the article is both engaging and original. Not only does its quality speak for itself, but Hackney is not unforthcoming in speaking for himself. His in-depth and nuanced historical examination of law and neoclassical economics, he tells us, is the first to discuss the intellectua…
Ambition and Adjudication
Eating Spaghetti with a Spoon
In this essay, Laura Kalman examines Neil Duxbury's Patterns of American Jurisprudence. She dissects his treatment of the six significant jurisprudential movements of this century: legal formalism, legal realism, policy science, process theory, law and economics, and critical legal studies. Kalman especially admires Duxbury's discussions of realism, policy science, and process theory. She also finds his history of law and economics at the Univers…
Do Markets Degrade
Look Back in Unger: A Retrospective Appraisal of Law in Modern Society
Law in Modern Society: Toward A Criticism of Social Theory. By Roberto Mangabeira Unger
The Ties That Bind
M aking L aw B ind : E ssays L egal and P hilosophical . By T ony H onoré
Making Legal History
Women's Law
Back to the middle ages
Robert Hale and the Economy of Legal Force
Judicial Review and the Law of the Constitution
Journal Article Judicial Review and the Law of the Constitution Get access Snowiss Sylvia, Judicial Review and the Law of the Constitution.New Haven and London: Yale University Press, 1990, ix, 228 pp.$25.00. Neil Duxbury Neil Duxbury University of Manchester, England, Faculty of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 35, Issue 2, April 1991, Pages 228–230, https://do…
Jerome Frank and the Legacy of Legal Realism
It is a rather sad fact that jurisprudence, for those who follow the subject, has always been a name-game. Mention a movement positivism, utilitarianism, Scandinavian realism, whatever and, more often than not, certain core representatives of that movement can, as if automatically, be summoned to mind. In Britain, the core representatives of the movement which we call American legal realism are commonly considered to be Karl Llewellyn and Jerome …
Is There a Dissenting Tradition in Law and Economics
Pragmatism Without Politics
Struggling with Legal Theory
The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence
Journal Article The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence Get access Presser Stephen B., The Original Misunderstanding: The English, the Americans and the Dialectic of Federalist Jurisprudence, Durham, N.C.: Carolina Academic Press, 1991, xii, 272 pp. $34.95. Neil Duxbury Neil Duxbury University of Manchester, England, Faculty of Law Search for other works by this author on: Oxford Aca…
Patterns of American Jurisprudence
Managing Legal Uncertainty: Elite Lawyers in the New Deal
Do Markets Degrade
Law and Economics, Science and Politics
I have been invited, and consider it a privilege, to comment briefly on James Hackney's article, Law and Neoclassical Economics. Perhaps it is unnecessary to remark that the article is both engaging and original. Not only does its quality speak for itself, but Hackney is not unforthcoming in speaking for himself. His in-depth and nuanced historical examination of law and neoclassical economics, he tells us, is the first to discuss the intellectua…
Ambition and Adjudication
Eating Spaghetti with a Spoon
In this essay, Laura Kalman examines Neil Duxbury's Patterns of American Jurisprudence. She dissects his treatment of the six significant jurisprudential movements of this century: legal formalism, legal realism, policy science, process theory, law and economics, and critical legal studies. Kalman especially admires Duxbury's discussions of realism, policy science, and process theory. She also finds his history of law and economics at the Univers…
Patterns of American Jurisprudence
Journal Article Patterns of American Jurisprudence Get access Duxbury Neil, Patterns of American Jurisprudence. Oxford: Oxford University Press, 1995. viii, 520 pp. $49.95. William P. LaPiana William P. LaPiana The New York Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 1, January 1997, Pages 127–128, https://doi.org/10.2307/845474 Published: 01 January 1997
Chance, Reason, and the Rule of Law
Jurists and Judges: An Essay on Influence
Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academi…
Jurists Uprooted: German-speaking Emigre Lawyers in Twentieth-century Britain
Frederick Pollock and the English Juristic Tradition
Frederick Pollock and the English Juristic Tradition Get access Duxbury Neil. Frederick Pollock and the English Juristic Tradition. Oxford: Oxford University Press, 2004. xii + 360 pp. $125.00. Steve Sheppard Steve Sheppard University of Arkansas School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 1, January 2006, Pages 110–112, https://doi.org/10.2307/25434782…
Hans Kelsen's Pure Theory of Law: Legality and Legitimacy by Lars Vinx
Lord Wright and Innovative Traditionalism
This study presents the mid-twentieth-century English lord of appeal, Lord Wright, as an innovative traditionalist judge. Judges have a duty to be creative, Wright believed, but only within the framework of existing legal authority. Wright explained his innovative traditionalist perspective in relation to precedent, public policy, and legislation, and he illustrated his perspective particularly by way of contributions to decisions on worker compe…
Law (23 works) · Political science (23 works) · Sociology (19 works) · Philosophy (14 works) · Judicial and Constitutional Studies (13 works) · Law (13 works) · Legal principles and applications (11 works) · Law and economics (9 works) · Citation (7 works) · History (7 works)