This book studies the US Supreme Court and its current common law
approach to judicial decision making from a national and
transnational perspective. The Supreme Court's approach appears
detached from and inconsistent with the underlying fundamental
principles that ought to guide it, which often leads to unfair and
inefficient results. This book suggests the adoption of a judicial
decision-making model that proceeds from principles and rules,
using them 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,
including established legal standards, the insights derived from
deductive and inductive reasoning, the lessons learned from history
and custom, and an examination of the social and economic
consequences of the decision.
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