NLU Meghalaya Library

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Values in the Supreme Court : decisions, division, and diversity / Rachel Cahill-O'Callaghan.

By: Material type: TextSeries: Hart studies on judging and the courts ; volume 1.Publisher: Chicago : Hart Publishing, an imprint of Bloomsbury Publishing, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Description: 1 online resource (232 pages) : illustrationsContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509921881
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 347.7326 23
LOC classification:
  • KF8748 .C235 2020eb
Online resources: Available additional physical forms:
  • Also published in print.
Summary: "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"-- Provided by publisher.
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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"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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