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Values in the Supreme Court

Decisions, Division and Diversity

By: Rachel Cahill-O'Callaghan
Media of Values in the Supreme Court
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Published: 12-12-2019
Format: Hardback
Edition: 1st
Extent: 208
ISBN: 9781509921850
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £60.00
 

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Loren Epson

About Values in the Supreme Court

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.

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