The Judicial Application of Law

ISBN-13: 9789048141135 / Angielski / Miękka / 2010 / 359 str.

Jerzy Wroblewski; Z. Bankowski; N. Maccormick

Opis

The Judicial Application of Law is an important contribution to analytical jurisprudence. It gives a thorough account of all that is involved in the idea of applying' law as this is carried out by judges. Thus it explores analytically a vital idea for our understanding of legality as a value to which systems of government aspire. This is achieved by the rigorous construction and examination of models of the various steps involved in judicial decision making, including elements both of interpretation and of fact finding, and by the exploration of various possible ideologies of the application of law. The book takes as its main material for analysis statute-based legal systems in the form these took within socialist legal systems prior to the recent revolutions, being based principally on the law of Poland up to 1989. This is the last work, posthumously translated, by the most distinguished analytical jurisprudent of modern Poland.

Spis treści

Preface. I. Introduction. Part One: Basic Approaches to the Judicial Application of Law. II. Description of the Judicial Application of Law. III. Models of Judicial Application of Law. IV. Descriptive Models of Judicial Application of Law. V. Normative Models of Judicial Application of Law. Part Two: Theoretical Analysis of Judicial Application of Law. VI. Validity of Law and Decision of Validity. VII. Operative Interpretation and Decisions of Interpretation. VIII. Determination of Facts and Decision on Evidence. IX. Determination of Legal Consequences, Decision of the Choice of Consequences, and the Final Judicial Decision. X. Rationality and the Correctness of a Decision of the Application of Law. Part Three: Problems of the Ideology of the Judicial Application of Law. XI. Judicial Application of Law and the Ideological Point of View. XII. The Ideology of Bound Judicial Decision-Making. XIII. The Ideology of the Free Judicial Decision-Making. XIV. The Ideology of the Legal and Rational Judicial Decision-Making. XV. The Judge and the Application of Law. Bibliography.