Description: Us Supreme Court and the Modern Common Law Approach, Paperback by Grossi, Simona, ISBN 1316612864, ISBN-13 9781316612866, Brand New, Free shipping in the US This book studies the . 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.
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Book Title: Us Supreme Court and the Modern Common Law Approach
Number of Pages: 422 Pages
Language: English
Publication Name: Us Supreme Court and the Modern Common Law Approach
Publisher: Cambridge University Press
Subject: American Government / Judicial Branch, Judicial Power, Conflict of Laws, Government / Federal, Comparative
Publication Year: 2016
Item Height: 0.9 in
Item Weight: 19.7 Oz
Type: Textbook
Author: Simona Grossi
Item Length: 9 in
Subject Area: Law, Political Science
Item Width: 6 in
Format: Trade Paperback