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Awards
OverviewGood 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. Full Product DetailsAuthor: Robert J. SharpePublisher: University of Toronto Press Imprint: University of Toronto Press Dimensions: Width: 15.00cm , Height: 2.50cm , Length: 22.60cm Weight: 0.520kg ISBN: 9781487522438ISBN 10: 1487522436 Pages: 352 Publication Date: 21 August 2018 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: Temporarily unavailable The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you. Table of Contents1. Introduction 2. A Judge’s Work 3. Is the Law Uncertain? 4. Do Judges Make Law? 5. Rules, Principles and Policies 6. Disciplined Judicial Decision-Making 7. Working with Precedent 8. Authority: What Counts? 9. Judicial Decision Making: A Case Study 10. Standard of Review and Discretion 11. Role of the Judge in a Constitutional Democracy 12. A Judicial State of MindReviewsGood Judgment: Making Judicial Decisions, by the Canadian jurist and legal academic Robert J. Sharpe, represents a refreshing and deeply thoughtful departure from binary arguments about how and why judges make decisions. -- U.S. District Judge Jeremy Fogel * Law 360, August 31, 2018 * Good Judgment: Making Judicial Decisions, by the Canadian jurist and legal academic Robert J. Sharpe, represents a refreshing and deeply thoughtful departure from binary arguments about how and why judges make decisions. - U.S. District Judge Jeremy Fogel - Law 360, August 31, 2018 Author InformationRobert J. Sharpe is judge of the Court of Appeal for Ontario. He taught at the Faculty of Law, University of Toronto from 1976 to 1988 and served under Chief Justice Brian Dickson as Executive Legal Officer at the Supreme Court of Canada from 1988 to 1990. Tab Content 6Author Website:Countries AvailableAll regions |