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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."
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.
Commentary on the Italian Code of Civil Procedure is a unique and
comprehensive guide to understanding the structure and functioning
of the Italian Code of Civil Procedure. The book provides a
reliable translation to the provisions for the implementation of
the 840 articles of the Italian Code of Civil Procedure. An
indispensible resource for practitioners in the field, this book
provides a description of civil procedure and the translated text
of the Italian Code of Civil Procedure, with an explanation of the
legal terms, provisions for the implementation of the Code, and
valuable commentary. The commentary and translations included in
this book were prepared by Italian attorneys with extensive
experience working with the Italian Code of Civil Procedure and
American Civil Procedure.
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