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Towards a New Theory of Adjudication: Integrating Theory and Practice


ISBN13: 9781509976959
Published: November 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



Low stock.

This book explores the major theories of common law adjudication and presents a new theory of adjudication.

It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values.

Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Subjects:
Jurisprudence
Contents:
Part I: Introduction and Fundamental Concepts
1. Introduction: An Overview of This Book
2. Fundamental Concepts
3. On Theoretical Frameworks and Objectivity

Part II: Theories of Adjudication Considered
4. Legal Positivism and the Adjudicative Process
5. Natural Law and the Adjudicative Process
6. The Dworkinian Theory of Adjudication – The Basic Building Blocks
7. The Dworkinian Theory of Adjudication – The Labours of Hercules
8. The Dworkinian Theory of Adjudication – Basic Problems and Practical Solutions
9. Against Adjudication – Skeptical Theories and Their Implications

Part III: Towards a New Theory of Adjudication
10. A Proposed Theory of Adjudication