The judicial function : fundamental principles of contemporary judging /: fundamental principles of contemporary judging. ([2019])

• Record Type: Book
• Further Information: Note: Joe McIntyre.
• Other Names: McIntyre, Joe
• Contents: Intro; Foreword; Preface; Acknowledgements; Contents; Part I: Introduction - Developing Principles of Contemporary Judging; Chapter 1: The Development of Principles of Contemporary Judging; 1.1 The Challenge of Articulating the Role of Courts; 1.2 Judicial Theory and the Broader Judicial Studies Context; 1.3 The Scope and Limit of the Inquiry; 1.4 The Structure of the Book; References; Part II: The Nature of the Judicial Function; Chapter 2: Introduction to the Judicial Function; 2.1 The Limits of the Inquiry; 2.2 The Basic Parameters of the Judicial Function; References Chapter 3: The Judicial Form of Dispute Resolution3.1 A Taxonomy of Dispute Resolution Methods; 3.1.1 Resolution by Reference to Might - The Battle; 3.1.2 Resolution by Reference to Merit - The Claim of Right; 3.1.3 Resolution by Reference to Chance - The Toss of the Coin; 3.2 The Judicial Form of Third-Party Merit-Based Dispute Resolution; References; Chapter 4: The Judicial Form of Social Governance; 4.1 Dispute-Resolution and Social Governance; 4.1.1 Dispute-Resolution and Governance through 'Power'; 4.1.2 Dispute-Resolution and Governance through 'Rules' 4.2 The Judicial Function and Social Governance4.2.1 The Judicial Function and Governmental Power; 4.2.2 The Judicial Function and Governance Through Rules; References; Chapter 5: Articulating the Judicial Function; 5.1 The Inherent Duality of the Judicial Function; References; Part III: The Judicial Decision-Making Method; Chapter 6: The Judicial Form of Decision-Making; 6.1 A Potted History of Judicial Methodology: Of Testaments and Reformations; 6.1.1 The Old Testament - A Declaratory Role; 6.1.2 The Reformation: Orthodoxy Challenged; 6.1.3 The Counter-Reformation 6.2 The Archetypal Judge - Re-conceiving the Judicial Ideal6.2.1 Developing a New Archetype: Accepting Irresolvable Tension; 6.3 Guiding Principles for Contemporary Judicial Decision-Making; 6.3.1 The Judicial Method as a Balance of Freedom and Constraint; References; Chapter 7: Law, Merit and the Development of a Governing Dispute-Norm; 7.1 The Judicial Reasoning Process and the Development of the Dispute-Norm; 7.2 Existing Legal Normative Statements and 'Source-Based' Reasoning; 7.2.1 Source as a Constraint; 7.2.2 Source as Guide: Source-Based Aspects of Judicial Reasoning 7.2.2.1 The Initial Interpretation of Legal Source-Norms7.2.2.2 Assessing the Source-Norms; 7.2.2.3 Prioritisation of Source-Norms by Pedigree; 7.3 Consistency and Analogy Reasoning; 7.3.1 Consistency as a Constraint; 7.3.2 Consistency as Guide - Analogical Reasoning in Judicial Decision-Making; 7.4 Coherence, Legal Principles and Inductive Reasoning; 7.4.1 Coherence as a Constraint; 7.4.2 Coherence as a Guide: 'Principle-Based' Judicial Reasoning; 7.5 Conclusion Regarding Legal Reasoning; References; Chapter 8: The Role and Assessment of the Factual Circumstances
• Publisher Details: Singapore : Springer
• Publication Date: 2019
• Extent: 1 online resource
• Subjects: 347/.014; Judges; Judicial process; Electronic books
• Languages: English
• ISBNs: 9789813291157
• Related ISBNs: 981329115X; 9789813291140
• Notes: Note: Includes bibliographical references.; Note: Description based on online resource; title from digital title page (viewed on September 30, 2019).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.