NCJ Number
176840
Date Published
1997
Length
232 pages
Annotation
This book explains the forms of reasoning judges are expected to use when deciding how the law applies in particular cases.
Abstract
The book is divided into four sections. Section One introduces the general issues surrounding the judicial mandate to apply law; discusses the cynical view of judicial decisionmaking as "judicial tyranny" and the alternative view of judicial decisionmaking as controlled judgment; and outlines the basic structure and rules that govern judicial reasoning. It also explains how those rules of application allow for judicial flexibility, accommodate controversy and yet control judicial decisionmaking. Section Two examines in some detail the three modes of reasoning authorized and constituted by the rules: reasoning from interpretive guidelines, reasoning from prior cases and reasoning from principle. Section Three features extended opinions in five controversial cases. Section Four contains a bibliography, other reference aids and study questions for those who wish to use the book as a course text. Notes, tables, cases, bibliography, references, index