The Judicial Process
Thomas, E. W. 1934-
The Judicial Process Realism, Pragmatism, Practical Reasoning and Principles / [electronic resource] : E. W. Thomas. - Cambridge : Cambridge University Press, 2005 - 1 online resource (444 p.) : digital, PDF file(s).
Title from publishers bibliographic system (viewed on 12 Jul 2012).
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.
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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.
Mode of access: World Wide Web.
9780511493768 (ebook) 9780521855662 (hardback)
Judicial process.
The Judicial Process Realism, Pragmatism, Practical Reasoning and Principles / [electronic resource] : E. W. Thomas. - Cambridge : Cambridge University Press, 2005 - 1 online resource (444 p.) : digital, PDF file(s).
Title from publishers bibliographic system (viewed on 12 Jul 2012).
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.
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.
Mode of access: World Wide Web.
9780511493768 (ebook) 9780521855662 (hardback)
Judicial process.