The Judicial Process
Realism, Pragmatism, Practical Reasoning and Principles
By (author) E. W. Thomas
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Judicial Process by E. W. Thomas
Book DescriptionIn 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 This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.
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Book DetailsISBN: 9780521855662
(228mm x 152mm x 29mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 15-Sep-2005
Country of Publication: United Kingdom
Books By Author E. W. Thomas
Judicial Process, Paperback (June 2008)» View all books by E. W. Thomas
This 2005 book propounds a coherent and comprehensive judicial methodology for modern times.
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Author Biography - E. W. Thomas
Distinguished Visiting Fellow, Auckland University Law School; Acting Judge of the Supreme Court of New Zealand.
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