A critique of adjudication : (fin de siècle) (Book, 1998) [WorldCat.org]
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A critique of adjudication : (fin de siècle)

Author: Duncan Kennedy; Harvard University Press.
Publisher: Cambridge, Mass. ; London : Harvard University Press, 1998.
Edition/Format:   Print book : EnglishView all editions and formats

The political nature of legal, and especially judicial, decision making is the subject of this book. How does lawmaking by judges affect American politics, and how in turn, does politics affect  Read more...


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Document Type: Book
All Authors / Contributors: Duncan Kennedy; Harvard University Press.
ISBN: 0674177592 9780674177598 0674177606 9780674177604
OCLC Number: 894962171
Description: [8], 424 s. ; 24 cm
Contents: Part 1 Ideological stakes in adjudication: the distinction between adjudication and legislation; ideological conflict over the definition of legal rules. Part 2 The problem of judicial legislation: the paradox of American critical legalism; policy and coherence. Part 3 Ideology in adjudication: policy and ideology; ideologically oriented legal work; strategizing strategic behaviour in interpretation. Part 4 Consequences of adjudication: the moderation and empowerment effects; the legitimation effect; adjudication in social theory. Part 5 Post rights: rights in American legal consciousness; the critique of rights; conclusion - landscapes along the highway of infinite regress.
Responsibility: Duncan Kennedy.


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The book skillfully achieves its intended objectives and provides us with a remarkable and original approach to the problems of jurisprudence...It is impossible to summarise here the various aspects Read more...

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