The Judicial Process PDF ePub eBook

Books Info:

The Judicial Process free pdf 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 This book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

About E.W. Thomas

Distinguished Visiting Fellow, Auckland University Law School- Acting Judge of the Supreme Court of New Zealand.

Details Book

Author : E.W. Thomas
Publisher : Cambridge University Press
Data Published : 19 June 2008
ISBN : 0521066883
EAN : 9780521066884
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 444 pages
Age + : 15 years
Language : English
Rating :

Reviews The Judicial Process



17 Comments Add a comment




Related eBooks Download


  • Facing Judicial Discretion free pdfFacing Judicial Discretion

    This book addresses the classical but nonetheless still controversial question of what the role is of judicial discretion in adjudication. Its main purpose is to discuss the philosophical and epistemic foundations of two different legal theories: Hartian positivism and Dworkin's interpretivism..


  • Courts, Judges, and Politics free pdfCourts, Judges, and Politics

    This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure..


  • American Judicial Process free pdfAmerican Judicial Process

    This text is a general introduction to American judicial process. The authors cover the major institutions. actors. and processes that comprise the U.S. legal system. viewed from a political science perspective..


  • Judicial Ethics free pdfJudicial Ethics

    Judicial ethics is a surprisingly underexplored area and this volume marks an important point in this relatively new but commendably growing field of studies. The areas covered range from the metaethics of decision and how this impacts the judiciary to the ethical evaluation of the substance and procedure of a decision and codes of judicial conduct..


  • Judicial Independence in China free pdfJudicial Independence in China

    This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth. rule of law. human rights protection. and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism..


  • The Judicial Process free pdfThe Judicial Process

    Books To Download Free. 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 behav