Towards a New Theory of Adjudication: Integrating Theory and Practice

Name: Towards a New Theory of Adjudication: Integrating Theory and Practice
Brand: Hart Publishing
SKU: 9781509976959
Price: 1134.90 HKD
Availability: InStock
Author: Andrew Phang
ISBN: 9781509976959

By Andrew Phang

Hart Publishing November 2025

Specifications

ISBN-13: 9781509976959
Publisher: Hart Publishing
Publication: November 2025
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book explores the major theories of common law adjudication and presents a new theory of adjudication.

It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values.

Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Part I: Introduction and Fundamental Concepts

1. Introduction: An Overview of This Book

2. Fundamental Concepts

3. On Theoretical Frameworks and Objectivity

Part II: Theories of Adjudication Considered

4. Legal Positivism and the Adjudicative Process

5. Natural Law and the Adjudicative Process

6. The Dworkinian Theory of Adjudication – The Basic Building Blocks

7. The Dworkinian Theory of Adjudication – The Labours of Hercules

8. The Dworkinian Theory of Adjudication – Basic Problems and Practical Solutions

9. Against Adjudication – Skeptical Theories and Their Implications

Part III: Towards a New Theory of Adjudication