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Author: Robert J. Sharpe Publisher: University of Toronto Press ISBN: 1487517009 Category : Law Languages : en Pages : 351
Book Description
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Author: Robert J. Sharpe Publisher: University of Toronto Press ISBN: 1487517009 Category : Law Languages : en Pages : 351
Book Description
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Author: Pat J. Barrett Publisher: A&C Black ISBN: 1780432275 Category : Law Languages : en Pages : 287
Book Description
Summary Judgment in Ireland: Principles and Defences is a single source book that deals solely with the issue of summary judgments and is an efficient and convenient way for practitioners to research points relating to practice and procedure.A summary judgment is a judgment usually entered in a court office or by a court official for a fixed and agreed amount of money due as a debt where the person owing the money has not answered or entered a defence to the proceedings. A summary judgment is entered without the appearance of either party in court based on affidavit filed in the court office. Having a single volume to deal solely with the issue of summary judgments is an efficient and convenient for practitioners, solicitors and barristers in particular.Summary Judgment in Ireland: Principles and Defences describes the various situations in which the summary summons (fast-track debt collection) procedure provided for under Order 37 of the Superior Court Rules will be likely to succeed. Primary defences to this procedure, such as recent High and Supreme Court jurisprudence and precedents from other common law jurisdictions, are included.Contents includes:Introduction;Summary of the procedure;Application for summary judgment;Undue Influence/Duress;Agency;Fraud/Misrepresentation;Reckless Trading.
Author: Camille Morvan Publisher: CRC Press ISBN: 1351352393 Category : Business & Economics Languages : en Pages : 126
Book Description
Amos Tversky and Daniel Kahneman’s 1974 paper ‘Judgement Under Uncertainty: Heuristics and Biases’ is a landmark in the history of psychology. Though a mere seven pages long, it has helped reshape the study of human rationality, and had a particular impact on economics – where Tversky and Kahneman’s work helped shape the entirely new sub discipline of ‘behavioral economics.’ The paper investigates human decision-making, specifically what human brains tend to do when we are forced to deal with uncertainty or complexity. Based on experiments carried out with volunteers, Tversky and Kahneman discovered that humans make predictable errors of judgement when forced to deal with ambiguous evidence or make challenging decisions. These errors stem from ‘heuristics’ and ‘biases’ – mental shortcuts and assumptions that allow us to make swift, automatic decisions, often usefully and correctly, but occasionally to our detriment. The paper’s huge influence is due in no small part to its masterful use of high-level interpretative and analytical skills – expressed in Tversky and Kahneman’s concise and clear definitions of the basic heuristics and biases they discovered. Still providing the foundations of new work in the field 40 years later, the two psychologists’ definitions are a model of how good interpretation underpins incisive critical thinking.
Author: Robert J. Sharpe
Author: Robert J. Sharpe
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Author: Pat J. Barrett
Author: Camille Morvan
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