Values in the Supreme Court
eBook - PDF

Values in the Supreme Court

Decisions, Division and Diversity

  1. 192 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Values in the Supreme Court

Decisions, Division and Diversity

About this book

This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

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Yes, you can access Values in the Supreme Court by Rachel Cahill-O'Callaghan in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2020
Print ISBN
9781509954766
eBook ISBN
9781509921874
Edition
1
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Foreword
  2. Prologue: Setting the Parameters
  3. Acknowledgements
  4. Contents
  5. Definitions
  6. Table of Cases
  7. Table of Legislation
  8. 1. A Theoretical Framework for a Role of Values in Judicial Decisions
  9. 2. Finding Values in Legal Judgments:A Model and a Method
  10. 3. The Value:Decision Paradigm: Validating the Method
  11. 4. Does the Value:Decision Paradigm Apply to all Indeterminate Cases? Division, Dissent and Judicial Values
  12. 5. Values and Individual Decision Making: Diversity of Values and Consistency in Decisions
  13. 6. Values and Panel Decision Making: Shared Value Priorities and Agreement in Hard Cases
  14. 7. The Role of Values in Judicial Decision Making in the UK Supreme Court
  15. References
  16. Index