The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

ISBN-13: 9780521855662 / Angielski / Twarda / 2005 / 442 str.

E. W. Thomas

Opis

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times.

Recenzje

Review of the hardback: 'This outstanding book, written by an experienced and distinguished Judge, is a timely reminder that the courts exist to help the citizens of a free and democratic society obtain justice through the legal process in an uncertain and continually changing world. To achieve this end, the author advances a comprehensive conception of the judicial role founded on an extensive study of legal theory and practice.' Professor George C. Christie, Duke University, North Carolina

Spis treści

Preface; 1. Introduction; 2. Muddling along; 3. The curse of formalism; 4. Legal fundamentalism; 5. The idolatry of certainty; 6. The piety of precedent; 7. The foibles of precedent - a case study; 8. There is no impersonal law; 9. So, what is the law?; 10. The constraints on the judiciary; 11. Towards a new judicial methodology; 12. Of realism and pragmatism; 13. Of practical reasoning and principles; 14. Taking law seriously; 15. A theory of ameliorative justice; Subject index; Authors index.