Book Description
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 31,64 MB
Release : 2020-10-29
Category : Business & Economics
ISBN : 1108489664
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author : Scott Brewer
Publisher : Taylor & Francis
Page : 424 pages
File Size : 43,21 MB
Release : 1998
Category : Computers
ISBN : 9780815327578
First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
Page : 698 pages
File Size : 16,82 MB
Release : 1984-09-30
Category : Law
ISBN : 9789027718341
Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Author : E. W. Thomas
Publisher : Cambridge University Press
Page : 448 pages
File Size : 50,88 MB
Release : 2005-09-15
Category : Law
ISBN : 9781139446983
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 This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice.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.
Author : Noel Beldon Reynolds
Publisher :
Page : pages
File Size : 22,43 MB
Release : 1971
Category :
ISBN :
Author : Scott Brewer
Publisher : Routledge
Page : 2048 pages
File Size : 45,34 MB
Release : 1998
Category : Law
ISBN : 9780815326540
Available individually by volume 1. Logic, Probability, and Presumption in Legal Reasoning (0-8153-2655-6) 416 pages 2. Precedents, Statutes, and Analysis of Legal Concepts (0-8153-2656-4) 400 pages 3. Moral Theory and Legal Reasoning (0-8153-2657-2) 408 pages 4. Evolution and Revolution in Theories of Legal Reasoning (0-8153-2658-0) 400 pages 5. Scientific Models of Legal Reasoning (0-8153-2757-9) 424 pages
Author : Larry Brenner
Publisher :
Page : 198 pages
File Size : 47,49 MB
Release : 2021-05
Category : Medicine
ISBN : 9781605951379
Provides a methodical guide to assist in making prudent clinical decisions that while best for the patient, also avoid future liabilityExplains the competing functions of the courtsDescribes the differences in physician and lawyer reasoningIncludes numerous examples for discussion with many from real world casesA guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.
Author : Martin P. Golding
Publisher : Broadview Press
Page : 180 pages
File Size : 26,57 MB
Release : 2001-03-02
Category : Law
ISBN : 9781551114224
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Author : Eileen Braman
Publisher : University of Virginia Press
Page : 258 pages
File Size : 48,29 MB
Release : 2009-10-29
Category : Political Science
ISBN : 0813928370
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author : Sean Coyle
Publisher : Hart Publishing
Page : 185 pages
File Size : 13,33 MB
Release : 2005-06
Category : Law
ISBN : 1841135046
In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.