By E. W. Thomas
ISBN-10: 0521855667
ISBN-13: 9780521855662
Within the absence of a legitimate belief of the judicial position, judges at the present should be acknowledged to be 'muddling along'. They disown the declaratory concept of legislations yet proceed to act and imagine as though it had now not been discredited. a lot judicial reasoning nonetheless shows an unquestioning attractiveness of positivism and a 'rulish' predisposition. This ebook, written by means of a practising pass judgement on, dismantles those outmoded theories and seeks to bridge the distance among criminal conception and judicial perform. the writer propounds a coherent and finished judicial technique for contemporary occasions.
Read Online or Download The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles PDF
Best legal theory & systems books
Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations
This e-book brings jointly the subjects of gender, sexuality, violence and companies. The authors synthesize the literature and study which has been performed in those fields and supply a coherent framework for figuring out the inter-relationship among those innovations. the significance of violence and abuse, and especially men's violence to ladies, teenagers and different males has been good demonstrated, specifically via feminist and a few pro-feminist examine.
The Measure of Injury: Race, Gender, and Tort Law
Tort legislations is the physique of legislations governing negligence, intentional misconduct, and different wrongful acts for which civil activities could be introduced. the traditional knowledge is that the foundations, options, and buildings of tort legislations are impartial and independent, freed from issues of gender and race. within the degree of damage, Martha Chamallas and Jennifer Wriggins turn out that tort legislation is whatever yet gender and race impartial.
Hobbes's political concept provokes a perennial fascination. It has turn into rather trendy lately, with the surge of scholarly curiosity evidenced via a few monographs in political conception and philosophy. whilst, there was a flip in felony scholarship in the direction of political idea in a manner that engages recognisably Hobbesian subject matters, for instance the connection among protection and liberty.
- Economic Justice and Natural Law
- Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities
- Stories About Science in Law (Law, Language and Communication)
Additional resources for The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles
Example text
Feeley and Rubin, Judicial Policy Making, at 205–206. 8 THE JUDICIAL PROCESS conducive to sound judicial reasoning. Indeed, there is no logical reason to believe that policy-making without an underlying conception of the judicial role will be other than random, incoherent or irrelevant. Nor, without a basic understanding of legal theory, will the judges be able to enter into any sensible discourse about judicial policy-making. Discourse will also proceed among legal theorists and academics without the benefit of the direct experience that judges can provide.
As such, its justification is to be found in the manner and extent to which the law meets those needs and expectations. Central to this quest are justice and contemporaneity. The needs and expectations of society will not be INTRODUCTION 15 met unless the law is just and the courts administer justice, and the law is responsive to the ever-changing requirements of the times. Justice and relevance are the leitmotifs of this work. In Chapter 3, I examine the consequences of residual formalism and the preconceptions it engenders.
Principles provide the law or legal process with cohesion and continuity. They become the means by which a mass of disparate and at times conflicting considerations are hobbled into a coherent whole. In Chapter 14, entitled ‘Taking Law Seriously’, the difference that greater judicial familiarity with legal theory and the development of a comprehensive conception of the judicial role would make in practice is explored. I point out the respects in which this development would make overt much that is now being done covertly by the judiciary.