Free PDF BookBeyond the Formalist-Realist Divide The Role of Politics in Judging

Get Beyond the Formalist-Realist Divide The Role of Politics in Judging

Get Beyond the Formalist-Realist Divide The Role of Politics in Judging

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Book Details :
Published on: 2009-11-15
Released on: 2009-10-26
Original language:

According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Tomohiko SHIINA: (20) 1976 Judicial activism - Wikipedia Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an ... El juez constitucional colombiano como legislador positivo ... Artculos doctrinales . El juez constitucional colombiano como legislador positivo: un gobierno de los jueces? Colombian constitutional judge as the positive ... Balkinization Our twitter feed is now live at @BzationBlog. An anonymous fan previously set up a feed at @Balkinization which we have no control over. It stopped working in ... JSTOR: Viewing Subject: Law JSTOR is a digital library of academic journals books and primary sources. Dogmatization - definition of dogmatization by The Free ... The Stoic dogmatization of philosophy though destructive in its ultimate consequences had the immediate effect of preserving the insight of Classical philosophy ...
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