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Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108489664
Category : Business & Economics
Languages : en
Pages : 431
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Book Description
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108489664
Category : Business & Economics
Languages : en
Pages : 431
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Book Description
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author: Schultz, David
Publisher: Edward Elgar Publishing
ISBN: 1839103132
Category : Law
Languages : en
Pages : 200
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Book Description
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
Author: E. W. Thomas
Publisher: Cambridge University Press
ISBN: 9781139446983
Category : Law
Languages : en
Pages : 448
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Book Description
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 This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.
Author: Martin P. Golding
Publisher: Broadview Press
ISBN: 9781551114224
Category : Law
Languages : en
Pages : 180
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Book Description
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Larry Brenner
Publisher:
ISBN: 9781605951379
Category : Medicine
Languages : en
Pages : 198
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Book Description
Provides a methodical guide to assist in making prudent clinical decisions that while best for the patient, also avoid future liabilityExplains the competing functions of the courtsDescribes the differences in physician and lawyer reasoningIncludes numerous examples for discussion with many from real world casesA guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.
Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108809146
Category : Law
Languages : en
Pages : 431
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Book Description
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Author: Jordi Ferrer Beltrán
Publisher: Cambridge University Press
ISBN: 1009036955
Category : Law
Languages : en
Pages : 459
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Book Description
This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
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Book Description
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Author: Sheila Jasanoff
Publisher: Harvard University Press
ISBN: 9780674793033
Category : Law
Languages : en
Pages : 308
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Book Description
Issues spawned by the headlong pace of developments in science and technology fill the courts. The realm of the law is sometimes at a loss—constrained by its own assumptions and practices, Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating myths about science and technology.
