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 academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - will profit from reading this most informative and engaging book.

Table of Contents:
1. Introduction 2. The Dynamics of Influence 3. The USA 4. France 5. England 6. Envoi

About the Author :
Neil Duxbury is a Professor of Law at the University of Manchester.

Review :
In this short and elegantly written book Neil Duxbury addresses the important question of the relationship between legal academics and the judiciary In his conclusion, Duxbury promises us a future and fuller study of law as an academic discipline, a work to which this reviewer greatly looks forward. Duxbury's book is essential reading for those who wish to think about the current state of English legal scholarship. As Duxbury himself observes the book leaves much more still to be done, 'this book is but a footstep on [a] formidable journey' (p. 118), but that step is a vital one. This book is a contribution to a wider discussion of the relationship between the academy and the bench, and, within its parameters, provides insights on judicial decision making as well as posing some persistent questions about research Law teachers will find much to challenge them within its pages. [The] preliminary chapters rapidly unsettle the stereotypical distinction of comparative law textbooks that Civil Law is 'scholar-made law' while Common Law is 'the creation of the judges' [T]he 'envoi' proclaims the book's scope to have been narrow. But this is no mere jeu d'esprit: Duxbury's text is richly footnoted and full of intriguing references to further reading. [T]his study provides important insight on a topic that has needed to be addressed in comparative law, and for this reason both law professors and social scientists will want to read this valuable and thought-provoking study. Thought-provoking, well-written and amply footnoted, this slim text belongs in academic law libraries. Professor Duxbury's small book provides some interesting reading on the relationship between academic scholarship and judges. He looks beyond mere citation counting in order to show that the influence that jurists have with judges can evolve in more subtle ways over time. The book includes an index and is extensively footnoted.