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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: 20-02-2020
Format: PDF eBook (?)
Edition: 1st
Extent: 192
ISBN: 9781509921874
Imprint: Hart Publishing
Series: Hart Studies on Judging and the Courts
RRP: £64.80
Online price : £58.32
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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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