The judicial process : realism, pragmatism, practical reasoning, and principles

Resource Information

The work The judicial process : realism, pragmatism, practical reasoning, and principles represents a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. This resource is a combination of several types including: Work, Language Material, Books.

Label

The judicial process : realism, pragmatism, practical reasoning, and principles

Title remainder

realism, pragmatism, practical reasoning, and principles

Statement of responsibility

E.W. Thomas

Creator

• Thomas, E. W., (Edmund Walter), 1934-

Author

• Thomas, E. W., (Edmund Walter), 1934-

Subject

• Judicial process

Language

eng

Summary

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles

Cataloging source

UkCbUP

Index

index present

LC call number

K2300

LC item number

.T456 2005

Literary form

non fiction

Nature of contents

dictionaries