The empirical gap in jurisprudence : a comprehensive study of the Supreme Court of Canada / Daved Muttart.

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Bibliographic Details
Main Author: Muttart, Daved, 1955-
Format: Book
Language:English
Published: Toronto ; Buffalo : University of Toronto Press, [2007]
Subjects:
Table of Contents:
  • SECTION I : SETTING THE STAGE: Introduction
  • Possible solutions : case study of the Supreme Court of Canada
  • Beginning to close the empirical gap
  • SECTION II : MEASURING THE COURT'S DECISIONS: Fact, law, and policy
  • Modes of legal reasoning
  • Changing the law
  • Other trends : bright lines to principles
  • Judicial attitudes and other interesting findings
  • Charter cases are different
  • SECTION III : TESTING THEORIES: How judges judge : testing legal theory
  • Is legal reasoning autonomous?
  • Is the Supreme Court of Canada 'too' activist?
  • Conclusion : the gap has been narrowed.