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Spencer Bower and Handley: Res Judicata

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Judging in Good Faith


ISBN13: 9780521477406
ISBN: 0521477409
Published: January 1996
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £23.99



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This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law.

Contents:
Part I: The Good Faith Thesis:
1. Stubborn indeterminacy
2. The good faith thesis
3. An illustrative case and first objections
Part II. The Permissible Discretion Thesis:
4. Science and skepticism.
5. Critical claims
6. Philosophies of law
Part III. Law, Morals and Politics:
7. Legal and moral duties
8. The politics of good faith
Index.