Structures Of Judicial Decision Making From Legal Formalism To Critical Theory Paperback
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Structures of Judicial Decision Making from Legal Formalism to Critical Theory Paperback
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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."
Structures of Judicial Decision Making from Legal Formalism to Critical Theory
![Structures of Judicial Decision Making from Legal Formalism to Critical Theory](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Roy Lavon Brooks |
Publsiher | : Unknown |
Total Pages | : 325 |
Release | : 2012 |
Genre | : Critical theory |
ISBN | : OCLC:1257427206 |
Download Structures of Judicial Decision Making from Legal Formalism to Critical Theory Book in PDF, Epub and Kindle
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."
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 |
Download Losing Twice Book in PDF, Epub and Kindle
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.
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
American Book Publishing Record
Author | : Anonim |
Publsiher | : Unknown |
Total Pages | : 746 |
Release | : 2007 |
Genre | : American literature |
ISBN | : UOM:39015066180459 |
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