Towards a New Theory of Adjudication : Integrating Theory and Practice.

Format:

Book

Author/Creator:

Phang, Andrew, author.

Language:

English

Subjects (All):

Court proceedings.

Judicial process.

Procedure (Law).

Physical Description:

1 online resource (337 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2025.

Place of Publication:

London : Hart Publishing, 2025.

System Details:

text file rdaft

Summary:

This book explores the major theories of common law adjudication and presents a new theory of adjudication.It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings.

Contents:

Intro

Foreword

Preface

Acknowledgements

Contents

PART I: INTRODUCTION AND FUNDAMENTAL CONCEPTS

1 . Introduction: An Overview of this Book

I. The Impetus for this Book

II. The Continuing Importance of Theory

III. A Note on the Approach Adopted in this Book

IV. A Summary of the Chapters in the Present Book

2 . Fundamental Concepts

I. Introduction

II. The Descriptive and the Prescriptive

III. Procedural Justice and Substantive Justice

IV. Conclusion

3 . On Theoretical Frameworks and Objectivity

II. The Problem of Theoretical Frameworks

III. Is there Objectivity in the Law?

IV. 'Essentially Contested Concepts'

V. Conclusion

PART II: THEORIES OF ADJUDICATION CONSIDERED

4 . Legal Positivism and the Adjudicative Process

II. Hart's Concept of Law

III. The Hart-Fuller Debate

IV. Judicial Discretion and Hard Cases

V. The Difficulties with Legal Positivism

VI. Conclusion: The 'Positives' from Legal Positivism

5 . Natural Law and the Adjudicative Process

II. Classical Natural Law

III. Modern Natural Law

6 . The Dworkinian Theory of Adjudication - The Basic Building Blocks

I. Introduction and Overview

II. The Basic Building Blocks (1) - The Distinction between Rules and Principles

III. The Basic Building Blocks (2) - The Distinction between Principle and Policy

IV. An 'Interlude' - The Importance of Objectivity in the Law

7. The Dworkinian Theory of Adjudication - The Labours of Hercules

II. Dworkin's Theory of Adjudication - The Labours of Hercules

8. The Dworkinian Theory of Adjudication - Basic Problems and Practical Solutions

II. The Basic Problems with Dworkin's Theory of Adjudication.

III. The Practical Solutions

9 . Against Adjudication - Skeptical Theories and their Implications

II. American Realism

III. The Critical Legal Studies Movement

IV. The Marxian Theory of Law

PART III: TOWARDS A NEW THEORY OF ADJUDICATION

10 . A Proposed Theory of Adjudication

II. The Proposed Theory of Adjudication (1): Institutional Values

III. The Proposed Theory of Adjudication (2): Practical and Theoretical Factors

Index.

ISBN:

1-5099-7698-1

1-5099-7696-5

9781509976966

OCLC:

1547903661