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Vol 23 No 1 Jan/Feb 2018

Book of the Month

Cover of The Law of Privilege

The Law of Privilege

Edited by: Bankim Thanki
Price: £195.00

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A Critique of Adjudication New ed

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Duncan KennedyProfessor of General Jurisprudence, Harvard Law School, USA

ISBN13: 9780674177598
ISBN: 0674177592
Published: August 1998
Publisher: Harvard University Press
Format: Paperback
Price: £39.95

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The political nature of legal, and especially judicial, decision making is the subject of this book. It attempts to integrate the American approach to law, a balance of commitment and skepticism, with the Continental tradition in social theory, philosophy and psychology. The centre of this work is the question of how politics affects judicial activity, and how in turn lawmaking by judges affects American politics. Opposing views on whether law is political in character are considered, and the author puts forward his own theory of adjudication that includes accounts of judicial rhetoric and the experience of judging.

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Part 1 Ideological stakes in adjudication: the distinction between adjudication and legislation; ideological conflict over the definition of legal rules.
Part 2 The problem of judicial legislation: the paradox of American critical legalism; policy and coherence.
Part 3 Ideology in adjudication: policy and ideology; ideologically oriented legal work; strategizing strategic behaviour in interpretation.
Part 4 Consequences of adjudication: the moderation and empowerment effects; the legitimation effect; adjudication in social theory.
Part 5 Post rights: rights in American legal consciousness; the critique of rights; conclusion - landscapes along the highway of infinite regress.