TY - BOOK ID - 71450996 TI - The judicial process PY - 2005 SN - 9780521066884 9780511493768 9780521855662 0511493762 9780511130786 0511130783 0521855667 0511129254 9780511129254 0521855667 1280416467 9781280416460 1107155428 9781107155428 0511182724 9780511182723 0511300883 9780511300882 0521066883 051120048X PB - Cambridge Cambridge University Press DB - UniCat KW - Judicial process. KW - Decision making, Judicial KW - Judicial behavior KW - Judicial decision making KW - Judges KW - Law KW - Procedure (Law) KW - Psychological aspects KW - Interpretation and construction KW - Judicial process KW - General and Others UR - https://www.unicat.be/uniCat?func=search&query=sysid:71450996 AB - In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles. ER -