Good Judgment
Good Judgment

Author: Robert J. Sharpe

Publisher: University of Toronto Press

Published: 2018-10-11

Total Pages: 351

ISBN-13: 1487517009

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Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Of Doubt and Proof
Of Doubt and Proof

Author: Daniela Berti

Publisher: Routledge

Published: 2016-03-03

Total Pages: 232

ISBN-13: 1317086163

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All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just. Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.

Elements of Moral Cognition
Elements of Moral Cognition

Author: John Mikhail

Publisher: Cambridge University Press

Published: 2011-06-13

Total Pages: 431

ISBN-13: 0521855780

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John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.

The Law Multiple
The Law Multiple

Author: Irene van Oorschot

Publisher: Cambridge University Press

Published: 2021-03-04

Total Pages: 227

ISBN-13: 1108849091

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In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

Science and Judicial Reasoning
Science and Judicial Reasoning

Author: Katalin Sulyok

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 431

ISBN-13: 1108489664

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This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

The Memory of Judgment
The Memory of Judgment

Author: Lawrence Douglas

Publisher: Yale University Press

Published: 2001-01-01

Total Pages: 346

ISBN-13: 9780300109849

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This is an examination of the law's response to the crimes of the Holocaust. It studies exemplary proceedings including the Nuremberg trial of the major Nazi war criminals and the Israeli trials of Adolf Eichmann and John Demjanjuk.