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How Judges Decide

Robert J Sharpe

in Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.003.0005
Subject:
Law, Private International Law

This chapter considers what HLA Hart described as a choice between the two extremes of the realist ‘nightmare’ that judges never decide according to the law and the idealist ‘noble dream’ that judges ... More


Oliver Wendell Holmes Jr. and Legal Logic

Frederic R. Kellogg

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.001.0001
Subject:
Law, Legal History

This is a study of Justice Oliver Wendell Holmes Jr.’s original contribution to both legal logic and general logical theory. Conventional legal logic has focused on the operation of judges deciding ... More


Case-Law Development between Path Dependence and Legal Uncertainty

Susanne K. Schmidt

in The European Court of Justice and the Policy Process: The Shadow of Case Law

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198717775
eISBN:
9780191787287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198717775.003.0003
Subject:
Political Science, European Union

Chapter 3 turns to the analysis of case-law development. The overlapping nature of EU and domestic legal orders, coupled with the great material detail in the EU Treaty, leads to a state of legal ... More


Science

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0004
Subject:
Law, Legal History

Holmes in the 1870s rejected static analytical theories of law for a diachronic and transformative perspective, drawing upon Whewell’s History of the Inductive Sciences. He extended to law a question ... More


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