The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles by E. W. ThomasThe Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles by E. W. Thomas

The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

byE. W. Thomas

Paperback | June 19, 2008

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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. This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.
Title:The Judicial Process: Realism, Pragmatism, Practical Reasoning and PrinciplesFormat:PaperbackDimensions:444 pages, 8.98 × 5.98 × 0.98 inPublished:June 19, 2008Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0521066883

ISBN - 13:9780521066884

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Table of Contents

Preface; 1. Introduction; 2. Muddling along; 3. The curse of formalism; 4. Legal fundamentalism; 5. The idolatry of certainty; 6. The piety of precedent; 7. The foibles of precedent - a case study; 8. There is no impersonal law; 9. So, what is the law?; 10. The constraints on the judiciary; 11. Towards a new judicial methodology; 12. Of realism and pragmatism; 13. Of practical reasoning and principles; 14. Taking law seriously; 15. A theory of ameliorative justice; Subject index; Authors index.

Editorial Reviews

"The Judicial Process is informative, thought-provoking and ... insightful."
The Law and Politics Book Review