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

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

Paperback

General Law

ISBN10: 0521066883
ISBN13: 9780521066884
Publisher: Cambridge
Published: Jun 19 2008
Pages: 444
Weight: 1.43
Height: 0.99 Width: 6.00 Depth: 9.00
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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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