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Towards a New Theory of Adjudication

Integrating Theory and Practice

Towards a New Theory of Adjudication cover

Towards a New Theory of Adjudication

Integrating Theory and Practice

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Description

This book explores the major theories of common law adjudication and presents a new theory of adjudication.

It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Table of Contents

Part I: Introduction and Fundamental Concepts
1. Introduction: An Overview of This Book
2. Fundamental Concepts
3. On Theoretical Frameworks and Objectivity

Part II: Theories of Adjudication Considered
4. Legal Positivism and the Adjudicative Process
5. Natural Law and the Adjudicative Process
6. The Dworkinian Theory of Adjudication – The Basic Building Blocks
7. The Dworkinian Theory of Adjudication – The Labours of Hercules
8. The Dworkinian Theory of Adjudication – Basic Problems and Practical Solutions
9. Against Adjudication – Skeptical Theories and Their Implications

Part III: Towards a New Theory of Adjudication
10. A Proposed Theory of Adjudication

Product details

Published Nov 27 2025
Format Hardback
Edition 1st
Extent 272
ISBN 9781509976959
Imprint Hart Publishing
Dimensions 9 x 6 inches
Publisher Bloomsbury Publishing

About the contributors

Author

Andrew Phang

Andrew Phang is Senior Judge at the Supreme Court…

ONLINE RESOURCES

Bloomsbury Collections

This book is available on Bloomsbury Collections where your library has access.

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