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Judgment is simple, right? This book begs to differ. Written for all students of the law-from undergraduate to supreme court justice-it opens the reader to a broad landscape of ideas surrounding common law judgment. Short and accessible, it touches upon the many pathways that lead out from the phenomenon of judgment in common law jurisdictions. This book is unique in its brevity and scope. It engages not only with the core operation of judgment as legal decision, but considers questions of authority and reason, and broader issues of interpretation, rhetoric, and judicial improvisation. The aim of this book is not to present a summary of research or a comprehensive 'theory' of judgment, nor is it bounded by the divisions of different legal subjects. Instead, it is a handbook or companion for students of the law to read and return to in their studious journeys across all common law topic areas, providing readers with a robust and open-ended set of tools, combined with selected further readings, to facilitate their own discovery, exploration, and critical analysis of the rich tapestry of common law judgment.
Sommario
Judgment as...
1 Legal Decision
1.1 Resolution
1.2 Precedent
1.3 Common Law
1.4 Further Reading
2 Authority
2.1 Legitimacy
2.2 Office
2.3 Sovereignty
2.4 Further Reading
3 Reason
3.1 Method
3.2 Limits
3.3 Irrationality
3.4 Further Reading
4 Truth
4.1 Fact/Law
4.2 Knowledge
4.3 Discipline
4.4 Further Reading
5 Technology
5.1 Governance
5.2 Language
5.3 Automation
5.4 Further Reading
6 Performance
6.1 Tradition
6.2 Theatre
6.3 Capture
6.4 Further Reading
7 Interpretation
7.1 Meaning
7.2 Text
7.3 Violence
7.4 Further Reading
8 Rhetoric
8.1 Audience
8.2 Form
8.3 Contingency
8.4 Further Reading
9 Creativity
9.1 Narrative
9.2 Improvisation
9.3 Expression
9.4 Further Reading
Riassunto
Judgment is simple, right? This book begs to differ. Written for all students of the law—from undergraduate to supreme court justice—it opens the reader to a broad landscape of ideas surrounding common law judgment. Short and accessible, it touches upon the many pathways that lead out from the phenomenon of judgment in common law jurisdictions. This book is unique in its brevity and scope. It engages not only with the core operation of judgment as legal decision, but considers questions of authority and reason, and broader issues of interpretation, rhetoric, and judicial improvisation. The aim of this book is not to present a summary of research or a comprehensive ‘theory’ of judgment, nor is it bounded by the divisions of different legal subjects. Instead, it is a handbook or companion for students of the law to read and return to in their studious journeys across all common law topic areas, providing readers with a robust and open-ended set of tools, combined with selected further readings, to facilitate their own discovery, exploration, and critical analysis of the rich tapestry of common law judgment.
