The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles [Hardcover]

E. W. Thomas (Author)

Book Description

Publication Date: October 31, 2005 | ISBN-10: 0521855667 | ISBN-13: 978-0521855662

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 This book, written by a practicing judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

Editorial Reviews

Review

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

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. This book, written by a practising judge, dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

See all Editorial Reviews

Product Details

• Hardcover: 442 pages
• Publisher: Cambridge University Press (October 31, 2005)
• Language: English
• ISBN-10: 0521855667
• ISBN-13: 978-0521855662
• Product Dimensions: 9 x 6.1 x 1.4 inches
• Shipping Weight: 1.8 pounds (View shipping rates and policies)
• Amazon Best Sellers Rank: #1,873,956 in Books (See Top 100 in Books)

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