Structures Of Judicial Decision Making From Legal Formalism To Critical Theory
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Structures of Judicial Decision Making from Legal Formalism to Critical Theory
Author | : Roy Lavon Brooks |
Publsiher | : Unknown |
Total Pages | : 396 |
Release | : 2005 |
Genre | : Critical legal studies |
ISBN | : STANFORD:36105063951086 |
Download Structures of Judicial Decision Making from Legal Formalism to Critical Theory Book in PDF, Epub and Kindle
To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Structures of Judicial Decision Making from Legal Formalism to Critical Theory Paperback
Author | : Roy Lavon Brooks |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Critical theory |
ISBN | : 1611633591 |
Download Structures of Judicial Decision Making from Legal Formalism to Critical Theory Paperback Book in PDF, Epub and Kindle
This is the 2023 paperback printing of the book published in 2005. To see the hardcover version, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Diversity Judgments
Author | : Roy L. Brooks |
Publsiher | : Cambridge University Press |
Total Pages | : 657 |
Release | : 2022-03-17 |
Genre | : History |
ISBN | : 9781108424325 |
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Shows how the Supreme Court can repair its diminished legitimacy in a society committed to diversity and inclusion.
Losing Twice
Author | : Emily M. Calhoun |
Publsiher | : Oxford University Press |
Total Pages | : 185 |
Release | : 2011-04-06 |
Genre | : Law |
ISBN | : 9780195399745 |
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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.
Law and Self Knowledge in the Talmud
Author | : Ayelet Hoffmann Libson |
Publsiher | : Unknown |
Total Pages | : 229 |
Release | : 2018-05-17 |
Genre | : Religion |
ISBN | : 9781108427494 |
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Highlights the emergence of self-knowledge in rabbinic literature, showing how Babylonian rabbis relied on knowledge accessible only to the individual to determine the law.
A Guide to Civil Procedure
Author | : Brooke Coleman,Suzette Malveaux,Portia Pedro,Elizabeth Porter |
Publsiher | : NYU Press |
Total Pages | : 448 |
Release | : 2022-07-12 |
Genre | : Law |
ISBN | : 9781479805938 |
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"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--
Philosophy of Law A Very Short Introduction
Author | : Raymond Wacks |
Publsiher | : OUP Oxford |
Total Pages | : 152 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 9780191510649 |
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The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The Racial Glass Ceiling
Author | : Roy Lavon Brooks |
Publsiher | : Yale University Press |
Total Pages | : 255 |
Release | : 2017-01-01 |
Genre | : Social Science |
ISBN | : 9780300223309 |
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Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Preface -- Acknowledgments -- INTRODUCTION: A New Understanding of Racial Subordination -- ONE: The Spirit of Brown -- TWO: Juridical Subordination -- THREE: Race and Culture -- FOUR: Cultural Subordination Through Cultural Diversity -- EPILOGUE: Unrelenting Racial Progress -- Appendix A: Diagram of Main Arguments -- Appendix B: Post-Civil Rights Cases That Impede Racial Progress -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z