Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Lowe legislation jp
Sealy millman 2018 jp
Court protection no 2
Desmith out now
Uk supremem 1 8
Williams published

A Critique of Adjudication

Image not available lge
Duncan KennedyProfessor of General Jurisprudence, Harvard Law School, USA

ISBN13: 9780674177604
ISBN: 0674177606
Published: February 1997
Publisher: Harvard University Press
Format: Hardback
Price: Out of print

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, an uneasy balance of commitment and intense 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.

Image not available lge
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.