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Description - The Judicial Process by E. W. Thomas

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 This book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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 Details

ISBN: 9780521855662
ISBN-10: 0521855667
Format: Hardback
(228mm x 152mm x 31mm)
Pages: 442
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 15-Sep-2005
Country of Publication: United Kingdom

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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.

Books By E. W. Thomas

Judicial Process by E. W. Thomas
Paperback, March 2008
$66.56