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内容由Daniel Bates and Cambridge University提供。所有播客内容(包括剧集、图形和播客描述)均由 Daniel Bates and Cambridge University 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal
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'Judges, Jurists and Style': Professor Jonathan Morgan Inaugural lecture (audio)

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内容由Daniel Bates and Cambridge University提供。所有播客内容(包括剧集、图形和播客描述)均由 Daniel Bates and Cambridge University 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal
Judges and jurists employ distinctive, and distinctly different, styles of reasoning. Judges develop the common law cautiously, by incremental analogical development. Judicial reasoning is characteristically practical, even pragmatic, with the resolution of concrete disputes paramount. The stability of the common law depends on strong shared, albeit implicit, understandings about its content. Academia might seem hostile to much of this. Academics are expected to build ambitious theories, to investigate legal rules to their theoretical foundations, to question and reject consensus, and above all to innovate. In pursuing such goals, legal scholars risk misconceiving the nature of the common law enterprise, and overlooking its strengths. Jonathan Morgan delivered his inaugural lecture as Professor of English Law on Friday 26 January 2024 at the Faculty of Law, University of Cambridge. This entry provides an audio source for iTunes.
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Manage episode 398183077 series 2681418
内容由Daniel Bates and Cambridge University提供。所有播客内容(包括剧集、图形和播客描述)均由 Daniel Bates and Cambridge University 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal
Judges and jurists employ distinctive, and distinctly different, styles of reasoning. Judges develop the common law cautiously, by incremental analogical development. Judicial reasoning is characteristically practical, even pragmatic, with the resolution of concrete disputes paramount. The stability of the common law depends on strong shared, albeit implicit, understandings about its content. Academia might seem hostile to much of this. Academics are expected to build ambitious theories, to investigate legal rules to their theoretical foundations, to question and reject consensus, and above all to innovate. In pursuing such goals, legal scholars risk misconceiving the nature of the common law enterprise, and overlooking its strengths. Jonathan Morgan delivered his inaugural lecture as Professor of English Law on Friday 26 January 2024 at the Faculty of Law, University of Cambridge. This entry provides an audio source for iTunes.
  continue reading

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