Evolution of the Judicial Opinion: Institutional and Individual StylesNYU Press, 2007 M10 1 - 301 páginas In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles. |
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... legal cultures, this personal/exploratory style responds to a widely held view (associated with Legal Realism) that judges necessarily rely on a substantive, as well as an institutional, source of law, and are not simply legal experts ...
... legal authority while, at the same time, judges exercised power to develop the law through a flexible application of these doctrines. Third, from the 1960s to the present, English judges have adopted a new realism about their role ...
... law was aimed) should interact with the substantive canons of interpretation ... judicial literalism was applied by the judges to favor the more wealthy ... realism to publicly explain their work, admitting that they make law through ...
... Law Lords in a separate institution similar to the U.S. Supreme Court. 1. Judicial realism about making law A new judicial realism was clearly foreshadowed in a 1956 speech in the House of Lords by Lord Chancellor Kilmuir, which ...
... Legal Realist approach, incorporating social and economic insights into judging. Under Geny's influence, judges set about shifting the law from fault to strict liability, giving legal rights to third-party contract beneficiaries, and ...
Contenido
6 | |
43 | |
60 | |
States | 86 |
Institutional Practice | 108 |
Individual Style | 142 |
Postscript | 179 |
Appendices | 183 |
Notes | 245 |
Index | 293 |
About the Author | 301 |
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Evolution of the Judicial Opinion: Institutional and Individual Styles William D. Popkin Vista previa limitada - 2007 |