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Vol 21 No 11 Nov/Dec 2016

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The Judicial Application of Law

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Jerzy Wroblewskiformerly of Faculty of Law, University of Lodz, Poland

ISBN13: 9780792315698
ISBN: 0792315693
Published: August 1992
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



""The Judicial Application of Law"" is an contribution to analytical jurisprudence. It gives an account of all that is involved in the idea of ""applying"" law as this is carried out by judges. Thus it explores analytically a vital idea for our understanding of legality as a value to which systems of government aspire. This is achieved by the construction and examination of models of the various steps involved in judicial decision making, including elements both of interpretation and of fact finding, and by the exploration of various possible ideologies of the application of law.;The book takes as its main material for analysis statute-based legal systems in the form these took within socialist legal systems prior to the recent revolutions, being based principally on the law of Poland up to 1989.

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Contents:
Part 1 Types of judicial application of law research: description of the judicial application of law; models of judicial application of law; descriptive models of judicial application of law; normative models and theories of judicial application of law.
Part 2 Theoretical analysis of judicial application of law: validity of law and decision of validity; operative interpretation and interpretative decision; determination of the facts of the case and decision of evidence; determination of legal consequences, decision of choice of consequences, and final decision of judicial application of law; rationality and correctness of decision of judicial application of law.
Part 3 Problems of ideology of judicial application of law: concept of the ideology of judicial application of law; ideology of the bound judicial decision; ideology of the free judicial decision; ideology of the legal and rational judicial decision; the judge and application of law.