Values in the Supreme Court : decisions, division, and diversity /
Cahill-O'Callaghan, Rachel,
Values in the Supreme Court : decisions, division, and diversity / Rachel Cahill-O'Callaghan. - 1 online resource (232 pages) : illustrations. - Hart studies on judging and the courts ; volume 1 . - Hart studies on judging and the courts; ; volume 1. .
Includes bibliographical references and index.
Abstract freely available; full-text restricted to individual document purchasers.
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--
Mode of access: World Wide Web.
9781509921881
10.5040/9781509921881 doi
United States. Supreme Court --Decision making.
Judicial process--United States.
Political questions and judicial power--United States.
Constitutional & administrative law
Electronic books.
KF8748 / .C235 2020eb
347.7326
Values in the Supreme Court : decisions, division, and diversity / Rachel Cahill-O'Callaghan. - 1 online resource (232 pages) : illustrations. - Hart studies on judging and the courts ; volume 1 . - Hart studies on judging and the courts; ; volume 1. .
Includes bibliographical references and index.
Abstract freely available; full-text restricted to individual document purchasers.
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--
Mode of access: World Wide Web.
9781509921881
10.5040/9781509921881 doi
United States. Supreme Court --Decision making.
Judicial process--United States.
Political questions and judicial power--United States.
Constitutional & administrative law
Electronic books.
KF8748 / .C235 2020eb
347.7326