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Potential of Precedent in the Statutory Legal Order


Edited By Leszek Leszczyński, Bartosz Liżewski and Adam Szot

This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.

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Part One: A Point of Theory

Leszek Leszczyński

Precedent as an Argument of Judicial Interpretation

Andrzej Korybski

Analogy as a Basis of Precedential Reasoning

Part Two: Judicial Practice

Ewa Skrzydło-Tefelska

The Precedent in Jurisprudence of the Court of Justice of the European Union (CJEU) – Selected Judgments on Trademarks

Bartosz Liżewski

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