The empirical gap in jurisprudence : a comprehensive study of the Supreme Court of Canada / Daved Muttart.
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Main Author: | |
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Format: | Book |
Language: | English |
Published: |
Toronto ; Buffalo :
University of Toronto Press,
[2007]
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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.