TY - BOOK ID - 1625663 TI - The empirical gap in jurisprudence : a comprehensive study of the Supreme Court of Canada PY - 2007 VL - 16 SN - 0802094155 9780802094155 0802091598 1442684895 9781442684898 9780802091598 1487591802 PB - Toronto : University or Toronto Press, DB - UniCat KW - History of civilization KW - anno 1500-1799 KW - anno 1400-1499 KW - anno 1800-1999 KW - Renaissance KW - Historiography. KW - Judgments KW - Judicial process KW - Decision making, Judicial KW - Judicial behavior KW - Judicial decision making KW - Judges KW - Law KW - Procedure (Law) KW - Court decisions KW - Court rulings KW - Civil procedure KW - Courts KW - Criminal procedure KW - Estoppel KW - Jurisdiction KW - Stare decisis KW - Psychological aspects KW - Interpretation and construction KW - Canada. KW - Supreme Court of Canada KW - Canada (Province) KW - Canadae KW - Ceanada KW - Chanada KW - Chanadey KW - Dominio del Canad KW - Dominion of Canada KW - Jianada KW - Kʻaenada KW - Kanada KW - Ḳanadah KW - Kanadaja KW - Kanadas KW - Ḳanade KW - Kanado KW - Kanak KW - Province of Canada KW - Republica de Canad KW - Yn Chanadey KW - Dominio del Canadá KW - Kaineḍā KW - Kanakā KW - Republica de Canadá KW - Historiographie UR - https://www.unicat.be/uniCat?func=search&query=sysid:1625663 AB - In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution.Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples. ER -