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The Judicial Application of Law : Law and Philosophy Library - Jerzy Wroblewski

The Judicial Application of Law

Law and Philosophy Library

Hardcover

Published: 30th November 1992
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This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.

Preface
Introductionp. 1
Basic Approaches to the Judicial Application of Law
Description of the Judicial Application of Lawp. 11
Models of Judicial Application of Lawp. 23
Descriptive Models of Judicial Application of Lawp. 30
Normative Models of Judicial Application of Lawp. 61
Theoretical Analysis of the Judicial Application of Law
Validity of Law and Decision of Validityp. 75
Operative Interpretation and Decisions of Interpretationp. 87
Determination of Facts and Decisions on Evidencep. 131
Determination of Legal Consequences, Decision of the Choice of Consequences and the Final Judicial Decisionp. 189
Rationality and the Correctness of a Decision of the Application of Lawp. 209
Problems of the Ideology of the Judicial Application of Law
Judicial Application of Law and the Ideological Point of Viewp. 265
The Ideology of Bound Judicial Decision-Makingp. 273
The Ideology of Free Judicial Decision-Makingp. 284
The Ideology of Legal and Rational Judicial Decision-Makingp. 305
The Judge and the Application of Lawp. 315
Bibliographyp. 330
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792315698
ISBN-10: 0792315693
Series: Law and Philosophy Library
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 359
Published: 30th November 1992
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.67