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`Discovery' in Legal Decision-Making (Hardcover, 1996 ed.)
Loot Price: R3,033
Discovery Miles 30 330
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`Discovery' in Legal Decision-Making (Hardcover, 1996 ed.)
Series: Law and Philosophy Library, 24
Expected to ship within 10 - 15 working days
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This book deals with a central problem throughout the legal
profession -a solution to the problem is sought and reached in some
basic form. At the centre of this prob lematic is the question
indicated by the title: "What is the nature of "discovery" in legal
decision-making?" In the final chapter that problem and the
solution reached will be seen to have ramifications throughout the
entire field of legal practice and theory. However, the focus of
the argument is maintained first to specify adequately the
particular manifestation of the problem in a variety of legal
fields and secondly to arrive at a precise basic solution to this
range of problems. The presentation of the solution is not dictated
by the norms of clarity and coherence, but by the dynam ics of the
struggle to reach the solution and by aspects of the problem
available to various sub-groups within the legal profession
-theorists, judges, arbitrators. So, I begin from a relatively
familiar zone, discussions of discovery in legal theory before
moving to more unfamiliar territory. This book is not a thorough
survey of problems and writings on discovery. Rather, the strategic
selection of problems and assessment of solutions across the first
four chapters represents four aspects of the problem. Those
chapters invite the reader to rise to the sense of occurrence of a
single problem in a variety of contexts."
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