This 2005 book dismantles the outdated theories still exhibited in much judicial reasoning, and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times which is realistic and pragmatic and which embraces a revised conception of practical reasoning.
This 2005 book dismantles the outdated theories still exhibited in much judicial reasoning, and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times which is realistic and pragmatic and which embraces a revised conception of practical reasoning.
Distinguished Visiting Fellow, Auckland University Law School; Acting Judge of the Supreme Court of New Zealand.
Inhaltsangabe
Preface 1. Introduction 2. Muddling along 3. The curse of formalism 4. Legal fundamentalism 5. The idolatry of certainty 6. The piety of precedent 7. The foibles of precedent - a case study 8. There is no impersonal law 9. So, what is the law? 10. The constraints on the judiciary 11. Towards a new judicial methodology 12. Of realism and pragmatism 13. Of practical reasoning and principles 14. Taking law seriously 15. A theory of ameliorative justice Subject index Authors index.
Preface 1. Introduction 2. Muddling along 3. The curse of formalism 4. Legal fundamentalism 5. The idolatry of certainty 6. The piety of precedent 7. The foibles of precedent - a case study 8. There is no impersonal law 9. So, what is the law? 10. The constraints on the judiciary 11. Towards a new judicial methodology 12. Of realism and pragmatism 13. Of practical reasoning and principles 14. Taking law seriously 15. A theory of ameliorative justice Subject index Authors index.
Es gelten unsere Allgemeinen Geschäftsbedingungen: www.buecher.de/agb
Impressum
www.buecher.de ist ein Shop der buecher.de GmbH & Co. KG Bürgermeister-Wegele-Str. 12, 86167 Augsburg Amtsgericht Augsburg HRA 13309