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In Praise of Pedantic Eclecticism: Pitfalls and Opportunities in the Psychology of Judging

Dan Simon

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0009
Subject:
Psychology, Forensic Psychology

The Chapter deals with methodological constraints and possibilities in employing experimental psychology towards an understanding of judging. While acknowledging the concern with the ... More


Deconstructing the Mirror Principle

Roger Masterman

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0005
Subject:
Law, Human Rights and Immigration

The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of ... More


Is There a Psychology of Judging?

Frederick Schauer

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0007
Subject:
Psychology, Forensic Psychology

Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay experimental subjects. Implicit in the research, therefore, ... More


Features of Judicial Reasoning

Emily Sherwin

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0008
Subject:
Psychology, Forensic Psychology

Judges confront rules in two ways, as rule-makers and as rule-followers. When a judge decides a case that is not governed by an existing rule, the judge must formulate a rule of decision and ... More


The ECJ: The French Bifurcation Reworked: Introduction: Simultaneous Publication

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0007
Subject:
Law, Comparative Law

Like the Cour de cassation of France, the European Court of Justice (ECJ) maintains two different judicial discourses, that of its judicial decisions, and that of its Advocates General (AGs). ... More


An Offer That Can’t Be Refused: Judicial Review and the Failed Attempts to Distinguish Advice and Decisions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter looks critically at the doctrine that advisory opinions are nonbinding, with no legal force or effect, the chief distinction between advisory opinions and appellate decisions. This ... More


Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition *

Enrique Cáceres

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0025
Subject:
Law, Medical Law

This chapter presents a theoretical model of judicial reasoning that satisfactorily integrates partially provided explanations by three different theoretical research paradigms: philosophy of law, ... More


The European Union: Discursive Bifurcation Revisited

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0004
Subject:
Law, Comparative Law

This chapter describes the European Court of Justice (ECJ), the highest court in the judicial system of the European Union. On the one hand, the ECJ generates official judicial decisions that consist ... More


A Grand Tour of Legal Theory

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0006
Subject:
Law, Philosophy of Law

This chapter is a survey of what ‘natural law theory’ in its classical forms did or would say about the twenty-eight topics intended to be taken up in Coleman and Shapiro's Oxford Handbook of ... More


Key Elements of a Public Law Theory of Adjudication

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0003
Subject:
Law, Public International Law, Comparative Law

International courts perform a number of functions beyond the settlement of disputes. Their decisions are shaping the international order and domestic legal systems far more than ever before. The ... More


Pathways of Democratic Legitimacy

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0004
Subject:
Law, Public International Law, Comparative Law

This chapter applies insights of a public law theory to the law and practice of international adjudication. It takes up many aspects of current debates. Given the importance of democratic ... More


Conclusion

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0006
Subject:
Law, Philosophy of Law

Chapter Six offers a conclusion. A summary is given of what the book has demonstrated. The various areas in which future ordinary meaning research can be conducted are also explored. For example, ... More


Afterword

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0014
Subject:
Law, Legal History, Constitutional and Administrative Law

Bentham and the Common Law Tradition (BCLT) is a work of philosophical jurisprudence. Philosophical jurisprudence recognizes that, like law itself, reflective thinking about law is inescapably ... More


Taking the Judges Seriously v. Grand Theories

Jane Stapleton

in Three Essays on Torts

Published in print:
2021
Published Online:
February 2021
ISBN:
9780192893734
eISBN:
9780191914706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893734.003.0001
Subject:
Law, Law of Obligations

Chapter 1 describes the approach of reflexive tort scholarship and how it depends on a clear understanding of the environment of judicial decision-making. Part of that environment is the conception ... More


Judicial Reasoning

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0007
Subject:
Law, Comparative Law

This chapter examines judicial reasoning in France. In France, the long-established assumptions, still deeply rooted in the French legal mind, that only the legislature can make the law and that ... More


Public Law Cases and the Common Law: A Unique Relationship?

Alison L Young

in The Foundations and Future of Public Law: Essays in Honour of Paul Craig

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198845249
eISBN:
9780191880537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845249.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that, despite the weaknesses of common law reasoning, case law still plays an important role in UK public law. It also explains how weaknesses in common law reasoning are resolved ... More


Variations sur la politique jurisprudentielle: Les juges ont-ils une âme?

Guy Canivet

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0002
Subject:
Law, Legal History

This chapter looks at the reasoning of the French courts by French judges and the use of policy reasons and value judgments in their decisions.


Equity Over Empathy

Bernadette Meyler

in Passions and Emotions: NOMOS LIII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814760147
eISBN:
9780814763490
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760147.003.0012
Subject:
Political Science, Political Theory

This chapter argues that the set of dichotomies that West proposes conflates empathy with moral judgment and proper judicial reasoning with an assessment of actual, rather than hypothetical, factual ... More


Thomas Hardy's Legal Fictions

Trish Ferguson

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.001.0001
Subject:
Literature, European Literature

This book examines how Thomas Hardy’s role as an acting magistrate and his lifelong interest in the law impacted on his prose fiction. Hardy’s novels and short stories are examined in the context of ... More


Essays in Legal Philosophy

Eugenio Bulygin

Carlos Bernal, Carla Huerta, Tecla Mazzarese, José Juan Moreso, Pablo E. Navarro, and Stanley L. Paulson (eds)

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198729365
eISBN:
9780191796272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729365.001.0001
Subject:
Law, Philosophy of Law

This book engages with the thought of some of the major figures in legal philosophy in the English-speaking world, including H. L. A. Hart, Ronald Dworkin, and Joseph Raz, as it offers a fresh ... More


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