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The judicial process : realism, pragmatism, practical reasoning, and principles / E.W. Thomas.

By: Publication details: Cambridge : Cambridge University Press, 2006.Description: xxvi, 414 p. ; 25 cmISBN:
  • 9780521855662
Subject(s): DDC classification:
  • 347.01 THO
Online resources:
Contents:
Introduction; Muddling along; The curse of formalism; Legal fundamentalism; The idolatry of certainty; The piety of precedent; The foibles of precedent – a case study; There is no impersonal law; So, what is the law?; The constraints on the judiciary; Towards a new judicial methodology; Of realism and pragmatism; Of practical reasoning and principles; Taking law seriously; A theory of ameliorative justice.
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Introduction; Muddling along; The curse of formalism; Legal fundamentalism; The idolatry of certainty; The piety of precedent; The foibles of precedent – a case study; There is no impersonal law; So, what is the law?; The constraints on the judiciary; Towards a new judicial methodology; Of realism and pragmatism; Of practical reasoning and principles; Taking law seriously; A theory of ameliorative justice.