The judicial function : fundamental principles of contemporary judging /

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Bibliographic Details
Author / Creator:	McIntyre, Joe.
Imprint:	Singapore : Springer, [2019]
Description:	1 online resource (304 pages)
Language:	English
Subject:	Judges. Judicial process. Judges. Judicial process.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12456015

Hidden Bibliographic Details
ISBN:	981329115X 9789813291157 9789813291140
Notes:	8.1 The Nature of the Factual Circumstances Includes bibliographical references. Online resource; title from digital title page (viewed on September 30, 2019).
Summary:	Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role - and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial rol e, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Other form:	Print version: McIntyre, Joe. Judicial Function : Fundamental Principles of Contemporary Judging. Singapore : Springer, ©2019 9789813291140
Standard no.:	10.1007/978-981-32-9 10.1007/978-981-32-9115-7

Table of Contents:

Intro; Foreword; Preface; Acknowledgements; Contents; Part I: Introduction
Developing Principles of Contemporary Judging; Chapter 1: The Development of Principles of Contemporary Judging; 1.1 The Challenge of Articulating the Role of Courts; 1.2 Judicial Theory and the Broader Judicial Studies Context; 1.3 The Scope and Limit of the Inquiry; 1.4 The Structure of the Book; References; Part II: The Nature of the Judicial Function; Chapter 2: Introduction to the Judicial Function; 2.1 The Limits of the Inquiry; 2.2 The Basic Parameters of the Judicial Function; References
Chapter 3: The Judicial Form of Dispute Resolution3.1 A Taxonomy of Dispute Resolution Methods; 3.1.1 Resolution by Reference to Might
The Battle; 3.1.2 Resolution by Reference to Merit
The Claim of Right; 3.1.3 Resolution by Reference to Chance
The Toss of the Coin; 3.2 The Judicial Form of Third-Party Merit-Based Dispute Resolution; References; Chapter 4: The Judicial Form of Social Governance; 4.1 Dispute-Resolution and Social Governance; 4.1.1 Dispute-Resolution and Governance through 'Power'; 4.1.2 Dispute-Resolution and Governance through 'Rules'
4.2 The Judicial Function and Social Governance4.2.1 The Judicial Function and Governmental Power; 4.2.2 The Judicial Function and Governance Through Rules; References; Chapter 5: Articulating the Judicial Function; 5.1 The Inherent Duality of the Judicial Function; References; Part III: The Judicial Decision-Making Method; Chapter 6: The Judicial Form of Decision-Making; 6.1 A Potted History of Judicial Methodology: Of Testaments and Reformations; 6.1.1 The Old Testament
A Declaratory Role; 6.1.2 The Reformation: Orthodoxy Challenged; 6.1.3 The Counter-Reformation
6.2 The Archetypal Judge
Re-conceiving the Judicial Ideal6.2.1 Developing a New Archetype: Accepting Irresolvable Tension; 6.3 Guiding Principles for Contemporary Judicial Decision-Making; 6.3.1 The Judicial Method as a Balance of Freedom and Constraint; References; Chapter 7: Law, Merit and the Development of a Governing Dispute-Norm; 7.1 The Judicial Reasoning Process and the Development of the Dispute-Norm; 7.2 Existing Legal Normative Statements and 'Source-Based' Reasoning; 7.2.1 Source as a Constraint; 7.2.2 Source as Guide: Source-Based Aspects of Judicial Reasoning
7.2.2.1 The Initial Interpretation of Legal Source-Norms7.2.2.2 Assessing the Source-Norms; 7.2.2.3 Prioritisation of Source-Norms by Pedigree; 7.3 Consistency and Analogy Reasoning; 7.3.1 Consistency as a Constraint; 7.3.2 Consistency as Guide
Analogical Reasoning in Judicial Decision-Making; 7.4 Coherence, Legal Principles and Inductive Reasoning; 7.4.1 Coherence as a Constraint; 7.4.2 Coherence as a Guide: 'Principle-Based' Judicial Reasoning; 7.5 Conclusion Regarding Legal Reasoning; References; Chapter 8: The Role and Assessment of the Factual Circumstances

The judicial function : fundamental principles of contemporary judging /

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