Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

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

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Discovery in Legal Decision-Making

Image not available lge

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.

Image not available lge
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.