The US Supreme Court and the Modern Common Law Approach (Hardcover)

This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public."

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	February 2015
Authors:	Simona Grossi
Dimensions:	229 x 152 x 24mm (L x W x T)
Format:	Hardcover
Pages:	422
ISBN-13:	978-1-107-02805-0
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > Other areas of law > General Books > Law > Jurisprudence & general issues > Foundations of law > Common law Promotions
LSN:	1-107-02805-1
Barcode:	9781107028050

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!