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Vol 21 No 10 Oct/Nov 2016

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Discovery in Legal Decision-Making

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ISBN13: 9780792339816
ISBN: 0792339819
Published: April 1996
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



This text deals with a problem central to the legal profession: what is the nature of discovery in legal decision-making? It begins by identifying fundamental problems about the nature of discovery, expression and introspection that emerge in the work of legal theorists and psychologists who have a reflective interest in the discovery process. Related problems are raised in analyses of the spontaneous efforts of an arbitrator and a judge to solve legal problems. The work of the Canadian philosopher and theologian, Bernard Lonergan, on ""insight"" in non-legal fields is brought to bear on the problem. A plausible interpretation of various facets of discovery is provided. In fact, the author offers a new context in which to examine discovery, expression, and justification. This is the first book to focus primarily on the discovery process in legal reasoning.

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Contents:
1. The Problematic Nature of Discovery and Justification.
2. Investigating the Analogy between Science and Law.
3. Examining ""Discovery"" and a Woman's Point of View as Justificatory and Rhetorical Strategies in Madame Justice Wilson's Analysis of the Right to Liberty in R v. Morgentaler, Smoling and Scott.
4. Investigating ""Discovery"" in the Arbitration Process.
5. Bernard Lonergan on Insight in Theoretical and Practical Reasoning.
6. ""Discovery"" in Theoretical Problem-Solving.
7. ""Discovery"" in Practical Problem-Solving.
8. Legal Reasoning in a New Context.