Towards a New Theory of Adjudication

Nyhet

Integrating Theory and Practice

Inbunden, Engelska, 2025

Av Andrew Phang, Andrew (Supreme Court of Singapore) Phang

1 549 kr

Kommande

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. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country’s highest appellate court in order to provide a unique perspective that illustrates this new theory.

Produktinformation

Utgivningsdatum2025-11-27
Mått156 x 234 x undefined mm
Vikt491 g
FormatInbunden
SpråkEngelska
Antal sidor272
FörlagBloomsbury Publishing PLC
ISBN9781509976959

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Komparativ rätt inom Juridik
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Part I: Introduction and Fundamental Concepts1. Introduction: An Overview of This Book2. Fundamental Concepts3. On Theoretical Frameworks and ObjectivityPart II: Theories of Adjudication Considered4. Legal Positivism and the Adjudicative Process5. Natural Law and the Adjudicative Process6. The Dworkinian Theory of Adjudication – The Basic Building Blocks7. The Dworkinian Theory of Adjudication – The Labours of Hercules8. The Dworkinian Theory of Adjudication – Basic Problems and Practical Solutions9. Against Adjudication – Skeptical Theories and Their ImplicationsPart III: Towards a New Theory of Adjudication10. A Proposed Theory of Adjudication

In Towards a New Theory of Adjudication, former Justice of Appeal Andrew Phang provides an insightful critique of the major theories of legal reasoning and adjudication, and building on that analysis, propounds his own theory of adjudication. The unique perspective of this book is that it comes from someone who has combined a career as an academic with a long-standing interest in legal theory with the practical experience of being a judge of the Singapore High Court and Court of Appeal. The theoretical issues discussed are illustrated by reference to decided cases, in many of which the author wrote or contributed to the court’s reasoning. The result is a book which manages to bridge the divide between theory and practice, and which I strongly recommend.