Full Description
This book explores the major theories of common law adjudication and presents a new theory of adjudication.
It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values.
Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.
Contents
Part I: Introduction and Fundamental Concepts
1. Introduction: An Overview of This Book
2. Fundamental Concepts
3. On Theoretical Frameworks and Objectivity
Part II: Theories of Adjudication Considered
4. Legal Positivism and the Adjudicative Process
5. Natural Law and the Adjudicative Process
6. The Dworkinian Theory of Adjudication - The Basic Building Blocks
7. The Dworkinian Theory of Adjudication - The Labours of Hercules
8. The Dworkinian Theory of Adjudication - Basic Problems and Practical Solutions
9. Against Adjudication - Skeptical Theories and Their Implications
Part III: Towards a New Theory of Adjudication
10. A Proposed Theory of Adjudication
