The Judicial Process [electronic resource] : Realism, Pragmatism, Practical Reasoning and Principles / E. W. Thomas.

By:

Thomas, E. W. (Edmund Walter), 1934-

Material type: Text

TextPublication details: Cambridge : Cambridge University Press, 2005Description: 1 online resource (444 p.) : digital, PDF file(s)ISBN:

9780511493768 (ebook)
9780521855662 (hardback)

Subject(s):

Judicial process

Additional physical formats: Print version:: No titleOnline resources:

Click here to download

Also issued in print format.

Contents:

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.

Summary: 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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode	Item holds
e-book	KNCHR Library SharePoint	Non-Fiction		Link to resource	Available

Total holds: 0

Title from publishers bibliographic system (viewed on 12 Jul 2012).

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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

Also issued in print format.

Mode of access: World Wide Web.

There are no comments on this title.

to post a comment.