Search results for 'Judicial process' (try it on Scholar)

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  1. Benjamin N. Cardozo (1949). The Nature of the Judicial Process. Monograph Collection (Matt - Pseudo).
     
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  2.  20
    Anton-Hermann Chroust (1963). Law: Reason, Legalism, and the Judicial Process. Ethics 74 (1):1-18.
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  3. Bennett A. Brockman (1974). The Law of Man and the Peace of God: Judicial Process as Satiric Theme in the Wakefield Mactacio Abel. Speculum 49 (4):699-707.
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  4. Benjamin N. Cardozo & Margaret E. Hall (1979). Selected Writings of Benjamin Nathan Cardozo the Choice of Tycho Brahe, Including Also the Complete Texts of Nature of the Judicial Process, Growth of the Law, Paradoxes of Legal Science, Law and Literature. Matthew Bender.
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  5. C. Varga (1995). Changing of Paradigms in the Understanding of Judicial Process. Rechtstheorie 26 (3):415-424.
     
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  6. Andrew L.-T. Choo (2008). Abuse of Process and Judicial Stays of Criminal Proceedings. Oxford University Press Uk.
    The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and (...) Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area. (shrink)
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  7. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa: University of Ottawa Press 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
     
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  8.  20
    Christopher Arnold & H. Scott Fairley (1983). Book Review:Democracy and Distrust. John Hart Ely; Judicial Review and the National Political Process. Jesse H. Choper. [REVIEW] Ethics 93 (3):615-.
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  9.  2
    William G. Ross (2002). Role of Ideological Factors in the Federal Judicial Selection Process, The. Nexus 7:39.
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  10.  1
    Elizabeth A. Cavendish (2002). Legitimacy of Considering Judicial Philosophy in the Nominations Process, The. Nexus 7:27.
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  11. F. P. Feliciano (1992). The Application of Law: Some Recurring Aspects of The Process of Judicial Review and Decision Making. American Journal of Jurisprudence 37 (1):17-56.
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  12. Irwin M. Siegel (1979). The Nature of the Diagnostic Process: A Comparison with Judicial Decision Making. Perspectives in Biology and Medicine 22 (3):410-414.
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  13. Jerzy Wróblewski (1979). Meaning and Truth in Judicial Decision. Juridica.
  14.  17
    Roger Lee Mendoza (2012). A Case Study of Infant Health Promotion and Corporate Marketing of Milk Substitutes. Health Care Analysis 20 (2):196-211.
    The mismatch between the demand for, and supply of, health products has led to the increasing involvement of courts worldwide in health promotion and marketing. This study critically examines the implementation of one country’s Milk Code within the framework of the International Code of Marketing of Breast-Milk Substitutes, and the efficacy of the judicial process in balancing corporate marketing and state regulatory objectives. Drawing upon the Philippine experience with its own Milk Code, it evaluates the capacities of courts (...)
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  15. John Thomas Noonan & Kenneth I. Winston (eds.) (1993). The Responsible Judge: Readings in Judicial Ethics. Praeger.
     
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  16. Pierre Noreau (2008). Applied Judicial Ethics. Wilson & Lafleur.
     
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  17.  5
    James MacLean (2012). Transcending the Discovery—Justification Dichotomy. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):123-141.
    This essay examines judicial decision-making from the perspective of Whiteheadian ‘process philosophy’. As such, it seeks to demonstrate how the explanatory categories of process thought can be applied to law and legal reasoning in such a way as to expose the nature of the processes that constitute their development. The essay begins with a description of the judicial task drawn from contemporary theorising about legal argumentation, identified in terms of the separation of contexts of decision-making: discovery (...)
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  18.  13
    Steven J. Burton (1992). Judging in Good Faith. Cambridge University Press.
    This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist (...)
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  19.  35
    Ronald Dworkin (2006). Justice in Robes. Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  20. Neil MacCormick (1978). Legal Reasoning and Legal Theory. Oxford University Press.
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
     
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  21. Martin P. Golding (1983). Legal Reasoning. Monograph Collection (Matt - Pseudo).
     
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  22. Lief H. Carter (1984). Reason in Law. Monograph Collection (Matt - Pseudo).
     
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  23.  5
    Leticia Morales (2015). Taking Facts Seriously: Judicial Intervention in Public Health Controversies. Public Health Ethics 8 (2):185-195.
    Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in (...)
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  24. David Kairys (1990). The Politics of Law a Progressive Critique. Monograph Collection (Matt - Pseudo).
     
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  25.  10
    Davide Mazzi (2010). “This Argument Fails for Two Reasons…”: A Linguistic Analysis of Judicial Evaluation Strategies in US Supreme Court Judgments. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):373-385.
    The centrality of argumentation in the judicial process is an age-old acquisition of research on legal discourse. Notwithstanding the deep insights provided by legal theoretical and philosophical works, only recently has judicial argumentation been tackled in its linguistic dimension. This paper aims to contribute to the development of linguistic studies of judicial argumentation, by shedding light on evaluation as a prominent aspect in the construction of the judge’s argumentative position. Evaluation as a deep structure of (...) argumentation is studied from a discursive point of view entailing the analysis of a sample of authentic judicial language. Evaluative lexis is investigated within a single genre of judicial discourse, i.e. judgments, instantiated by a corpus of US Supreme Court judgments. Findings show that judges use diversified strategies to take stance as they organise their argumentative discourse: from easily recognisable verbal and adjectival tools to more finely-grained discourse elements such as the encapsulating pattern ‘this/these/that/those + labelling noun’. (shrink)
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  26.  2
    J. C. Smith (1976). Legal Obligation. University of Toronto Press.
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  27. Jacques Derrida (1985). La Faculté de Juger. Monograph Collection (Matt - Pseudo).
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  28.  1
    Michael A. Menlowe & Michael D. Bayles (1993). Procedural Justice: Allocating to Individuals. Philosophical Quarterly 43 (171):268.
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  29. Aulis Aarnio (1977). On Legal Reasoning. Turun Yliopisto.
     
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  30.  8
    Richard D. Rieke (1991). The Judicial Dialogue. Argumentation 5 (1):39-55.
    A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested? In this essay I argue that a focus on decisions and their justifications alone masks the broader process in which judges, along with all the other relevant (...)
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  31. George Anastaplo, John A. Murley, Robert L. Stone & William T. Braithwaite (1992). Law and Philosophy the Practice of Theory : Essays in Honor of George Anastaplo. Monograph Collection (Matt - Pseudo).
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  32. John Arthur & William H. Shaw (1984). Readings in Philosophy of Law.
     
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  33.  7
    Raymond A. Belliotti (1992). Justifying Law: The Debate Over Foundations, Goals, and Methods. Temple University Press.
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
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  34. Scott Brewer (1998). Logic, Probability, and Presumptions in Legal Reasoning.
     
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  35.  32
    Scott Brewer (ed.) (1998). Moral Theory and Legal Reasoning. Garland Pub..
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
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  36.  4
    Julen Etxabe (2012). The Experience of Tragic Judgement. Routledge.
    The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment.
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  37. Carlo Furno (2008). Verdad y Proceso. Leyer.
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  38. Stuart S. Nagel (1993). Legal Scholarship, Microcomputers, and Super-Optimizing Decision-Making. Quorum Books.
     
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  39. Geoffrey Samuel (1994). The Foundations of Legal Reasoning. Monograph Collection (Matt - Pseudo).
  40. Barbara Herrnstein Smith (1990). The Unquiet Judge Relativism and Legal/Political Agency. Faculty of Law, University of Toronto.
     
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  41. Martin Stone (1994). Focusing the Law What Legal Interpretation is Not. Faculty of Law, University of Toronto.
     
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  42. Adrian Vermeule (2009). System Effects and the Constitution. Harvard Law School.
     
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  43.  56
    J. Weinstein (2009). Democracy, Individual Rights and the Regulation of Science. Science and Engineering Ethics 15 (3):407-429.
    Whether the US Constitution guarantees a right to conduct scientific research is a question that has never been squarely addressed by the United States Supreme Court. Similarly, the extent to which the First Amendment protects the right to communicate the results of scientific research is an issue about which there is scant judicial authority. This article suggests that a crucial guidepost for exploring both these uncharted areas of constitutional law should be whether restrictions on scientific research or communication truly (...)
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  44.  87
    A. Kavanagh (2003). Participation and Judicial Review: A Reply to Jeremy Waldron. [REVIEW] Law and Philosophy 22 (5):451-486.
    This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of (...)
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  45.  1
    Vito Breda (forthcoming). The Grammar of Bias: Judicial Impartiality in European Legal Systems. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    The concept of judicial objectivity is a cornerstone of modern legal systems. This article discusses the interplay between the lexical uses of the concept of judicial objectivity in cases that review the judicial impartiality of the court. The data for this project is retrieved from a large sample of cases from Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain and the UK. The analysis of the data shows that in the case of alleged judicial bias, the concept of (...)
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  46.  8
    Jeff A. King (2008). Institutional Approaches to Judicial Restraint. Oxford Journal of Legal Studies 28 (3):409-441.
    This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, (...)
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  47.  15
    A. Arato (2010). Democratic Constitution-Making and Unfreezing the Turkish Process. Philosophy and Social Criticism 36 (3-4):473-487.
    This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional (...)
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  48.  18
    Paul B. Stephan (2006). Process Values, International Law, and Justice. Social Philosophy and Policy 23 (1):131-152.
    A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed (...)
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  49.  2
    Luc B. Tremblay (2003). General Legitimacy of Judicial Review and the Fundamental Basis of Constitutional Law. Oxford Journal of Legal Studies 23 (4):525-562.
    Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? The main purpose of this text is to provide one general answer to the last question. The secondary purpose is to show how this answer may bear upon our understanding of the fundamental basis of constitutional law. These (...)
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  50. Andrew Vincent & John Zaleznikow, Toulmin-Based Computational Modelling of Judicial Discretion in Sentencing.
    A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour (...)
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