The U.S. Supreme Court and the Modern Common Law Approach
Book Details
Format
Hardback or Cased Book
ISBN-10
1107028051
ISBN-13
9781107028050
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Feb 5th, 2015
Print length
422 Pages
Weight
754 grams
Dimensions
23.70 x 15.60 x 2.90 cms
Ksh 20,900.00
Manufactured on Demand
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This book studies the US Supreme Court and its current law approach to judicial decision-making from a national and transnational perspective. It suggests the adoption of a judicial decision-making model that proceeds from principles and rules and uses them as premises for developing consistent unitary theories to meet current social conditions.
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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