Author : Roscoe Pound
Publisher : Unknown
Page : 76 pages
File Size : 51,9 Mb
Release : 1923
Category : Law
ISBN : UOM:39015010395104
The Theory of Judicial Decision
Roscoe Pound
The Theory Of Judicial Decision
The Theory Of Judicial Decision Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Theory Of Judicial Decision book. This book definitely worth reading, it is an incredibly well-written.
The Judicial Decision
Richard A. Wasserstrom
Author : Richard A. Wasserstrom
Publisher : Unknown
Page : 216 pages
File Size : 54,8 Mb
Release : 1961
Category : Law
ISBN : UOM:39015020808047
The Judicial Decision by Richard A. Wasserstrom Pdf
Structures of Judicial Decision Making from Legal Formalism to Critical Theory
Roy Lavon Brooks
Author : Roy Lavon Brooks
Publisher : Unknown
Page : 396 pages
File Size : 54,7 Mb
Release : 2005
Category : Critical legal studies
ISBN : STANFORD:36105063951086
Structures of Judicial Decision Making from Legal Formalism to Critical Theory by Roy Lavon Brooks Pdf
To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Conscience and Love in Making Judicial Decisions
Alexander Nikolaevich Shytov
Author : Alexander Nikolaevich Shytov
Publisher : Springer Science & Business Media
Page : 377 pages
File Size : 47,7 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597456
Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov Pdf
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
How Judges Judge
Brian M. Barry
Author : Brian M. Barry
Publisher : Taylor & Francis
Page : 361 pages
File Size : 48,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780429657498
How Judges Judge by Brian M. Barry Pdf
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Judicial decision-making
Valeria Giordano,Peter Langford
Author : Valeria Giordano,Peter Langford
Publisher : G Giappichelli Editore
Page : 129 pages
File Size : 44,5 Mb
Release : 2017-03-30
Category : Law
ISBN : 9788892108745
Judicial decision-making by Valeria Giordano,Peter Langford Pdf
The Psychology of Judicial Decision Making
David E. Klein,Gregory Mitchell
Author : David E. Klein,Gregory Mitchell
Publisher : Oxford University Press
Page : 355 pages
File Size : 51,7 Mb
Release : 2010-02-08
Category : Psychology
ISBN : 9780199710133
The Psychology of Judicial Decision Making by David E. Klein,Gregory Mitchell Pdf
Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
A Special and a General Multivariate Theory of Judicial Decisions
Fred Kort
Author : Fred Kort
Publisher : Sage Publications (CA)
Page : 56 pages
File Size : 52,9 Mb
Release : 1977
Category : Law
ISBN : UCAL:B4174530
A Special and a General Multivariate Theory of Judicial Decisions by Fred Kort Pdf
The Behavior of Federal Judges
Lee Epstein,William M. Landes,Richard A. Posner
Author : Lee Epstein,William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 491 pages
File Size : 43,7 Mb
Release : 2013-01-07
Category : Law
ISBN : 9780674070684
The Behavior of Federal Judges by Lee Epstein,William M. Landes,Richard A. Posner Pdf
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Political Behavioralism and Modern Jurisprudence
Theodore Lewis Becker
Author : Theodore Lewis Becker
Publisher : Unknown
Page : 200 pages
File Size : 45,7 Mb
Release : 1964
Category : Judicial process
ISBN : UCAL:B4372471
Political Behavioralism and Modern Jurisprudence by Theodore Lewis Becker Pdf
The Judicial Process
E. W. Thomas
Author : E. W. Thomas
Publisher : Cambridge University Press
Page : 448 pages
File Size : 42,6 Mb
Release : 2005-09-15
Category : Law
ISBN : 1139446983
The Judicial Process by E. W. Thomas 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 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.
Reputation and Judicial Tactics
Shai Dothan
Author : Shai Dothan
Publisher : Cambridge University Press
Page : 351 pages
File Size : 53,8 Mb
Release : 2015
Category : Law
ISBN : 9781107031135
Reputation and Judicial Tactics by Shai Dothan Pdf
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Fundamentals of Legal Argumentation
Eveline T. Feteris
Author : Eveline T. Feteris
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 53,9 Mb
Release : 2013-03-09
Category : Philosophy
ISBN : 9789401592192
Fundamentals of Legal Argumentation by Eveline T. Feteris Pdf
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Legal Reasoning and Legal Theory
Neil MacCormick
Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 48,8 Mb
Release : 1994-08-11
Category : Law
ISBN : 9780191018596
Legal Reasoning and Legal Theory by Neil MacCormick Pdf
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Governing from the Bench
Emmett Macfarlane
Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 51,8 Mb
Release : 2013
Category : History
ISBN : 9780774823500
Governing from the Bench by Emmett Macfarlane Pdf
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
