The Judicial Process PDF ePub eBook

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 This book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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