Universals Of Legal Reasoning By Judges
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Universals Of Legal Reasoning By Judges
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Author : Thomas Lundmark
language : en
Publisher: Oxford University Press
Release Date : 2024-05-07
Universals Of Legal Reasoning By Judges written by Thomas Lundmark and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-07 with Law categories.
Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does — simply and elegantly — by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.
Universals Of Legal Reasoning By Judges
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Author : Thomas Lundmark
language : en
Publisher: Oxford University Press
Release Date : 2024-05-07
Universals Of Legal Reasoning By Judges written by Thomas Lundmark and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-07 with Law categories.
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Reasoning Rights
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Author : Liora Lazarus
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Reasoning Rights written by Liora Lazarus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
How To Measure The Quality Of Judicial Reasoning
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Author : Mátyás Bencze
language : en
Publisher: Springer
Release Date : 2018-08-30
How To Measure The Quality Of Judicial Reasoning written by Mátyás Bencze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-30 with Law categories.
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Law Truth And Reason
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Author : Raimo Siltala
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-29
Law Truth And Reason written by Raimo Siltala and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-29 with Law categories.
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
How Judges Think
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Author :
language : en
Publisher:
Release Date : 2008
How Judges Think written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Judicial process categories.
The Notion Of An Ideal Audience In Legal Argument
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Author : George Christie
language : en
Publisher: Taylor & Francis US
Release Date : 2000-04-30
The Notion Of An Ideal Audience In Legal Argument written by George Christie and has been published by Taylor & Francis US this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-30 with Law categories.
This book examines in some detail how our concepts of an ideal or `universal' audience influence legal argument. It shows how asking what are the arguments and the forms of argumentation that we believe would be accepted by such an audience, is a useful analytical tool. The book explores what, if any, are the constraints that our vision of an ideal audience imposes on public discourse and particularly on legal discourse. Some visions of a universal audience are widely shared; others are only shared within particular political and legal cultures. Stylistic preferences can have as important an influence on legal decision making as do substantive preferences. In some cultures and legal systems there is a preference to resort to broad general principles; in others there is a preference for a more circumscribed and particular mode of legal argument. Different legal cultures have different idealized notions as to the role of the judge. Different conceptions of the role of the judge will influence many aspects of legal decision making, including how statutes and other authoritative official instruments should be interpreted. All these issues will also be influenced by how a particular legal culture envisions the common or public good and by how tolerant a particular legal culture is of diverse outcomes, that is by how much discretion superior legal decision makers are prepared to grant inferior decision makers. This volume will be of interest to academics and professionals in the fields of legal philosophy, argumentation and comparative law.
Universal Rights And The Constitution
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Author : Stephen A. Simon
language : en
Publisher: SUNY Press
Release Date : 2014-04-01
Universal Rights And The Constitution written by Stephen A. Simon and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-01 with Political Science categories.
Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights. Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
New Essays On The Nature Of Legal Reasoning
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Author : Mark McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-19
New Essays On The Nature Of Legal Reasoning written by Mark McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.