The Judicial Process

Author: E. W. Thomas
Publisher: Cambridge University Press
ISBN: 9781139446983
Size: 67.49 MB
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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. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

The Nature Of The Judicial Process

Author: Benjamin N. Cardozo
Publisher: Courier Corporation
ISBN: 048616554X
Size: 23.98 MB
Format: PDF, Docs
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In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.

Democracy And Distrust

Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 9780674196377
Size: 59.54 MB
Format: PDF, Kindle
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Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.

Judicial Process Law Courts And Politics In The United States

Author: David Neubauer
Publisher: Cengage Learning
ISBN: 049556933X
Size: 77.70 MB
Format: PDF, Mobi
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Working within the framework of law and politics, JUDICIAL PROCESS combines detailed information about the major structures and processes of the American judiciary with an insider’s understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, this text explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule’s underlying assumptions, history, and goals--for a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Structures Of Judicial Decision Making From Legal Formalism To Critical Theory

Author: Roy Lavon Brooks
Publisher:
ISBN:
Size: 66.40 MB
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This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with “critical process” (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well — he employs an innovative framework that divides judicial decision-making models into the “logical method” and the “policy method;” offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines “ policy-making” in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into “critical process.”

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Size: 15.74 MB
Format: PDF, ePub, Docs
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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.