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

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

Hardcover

General Law

ISBN10: 0521855667
ISBN13: 9780521855662
Publisher: Cambridge University Press
Published: Sep 15 2005
Pages: 442
Weight: 1.84
Height: 1.22 Width: 6.36 Depth: 9.16
Language: English
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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

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General Law