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Administrative / Constitutional Law

The Judicial Process Realism, Pragmatism, Practical Reasoning and Principles

Name: The Judicial Process
Brand: Cambridge University Press
SKU: 9780521066884
Price: 567.32 HKD
Availability: OutOfStock
Author: E.W. Thomas
ISBN: 9780521066884

By E.W. Thomas

Cambridge University Press June 2008

Specifications

ISBN-13: 9780521066884
Publisher: Cambridge University Press
Publication: June 2008
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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. Formalistic thinking continues to exert a perverse influence on the legal process.

This book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

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