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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Vantage of Law: Its Role in Thinking About Law, Judging and Bills of Rights

ISBN13: 9781409430605
Published: July 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy.

This work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis.

This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. Building on the earlier parts, the author uses his device of shifting vantages to provide insights into how these instruments affect democratic decision-making and from which perspectives they will look attractive and unattractive.

Written in a clear, accessible and engaging style, this book demonstrates that vantage point is a key criterion affecting how one understands and evaluates, firstly, some of the theoretical debates in jurisprudence and then, secondly, what judges are doing and whether a bill of rights is desirable or not.

Constitutional and Administrative Law, Jurisprudence
Introduction - the vantage of law: its role in thinking about law, judging and Bills of Rights
Separating law and morality - I
Separating law and morality - II
Judges and judging - I
Judges and judging - II
Bills of Rights - I
Bills of Rights - II
Concluding remarks and dialogue
Selected bibliography