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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

ISBN13: 9780521855662
ISBN: 0521855667
Published: September 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780521066884

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This book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.

Jurisprudence, General Interest
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.