In The Case Of The Office Of Fair Trading V Abbey National1

Those familiar with the law might object saying that judges’ reasoning could be found in the written justifications they have to provide after issuing a verdict. Therein judges typically explain the reasons for their decision by referencing the law, facts, and other considerations upon which the outcome was based . We know, however, that people are not always aware of the reasons that guide their decisions . An illustration of this problem in judicial decisions comes from Dhami and Ayton who found discrepancies between the stated and the

Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062

Oliver Wendell Holmes, Jr. once stated, “The life of the law has not been logic; it has been experience” (Holmes). In making this comment, Mr. Holmes an American jurist who served as an Associate Justice of the Supreme Court believed that logic should not be the only particular way of understanding a system of rules, but by the influence of one’s knowledge and legal skepticism toward the law. Similarly, proponent’s of legal realism, which is a naturalistic approach to law that focuses on predicting what judges actually do in deciding cases felt the same way as Oliver. On the other hand, supporters of formalism insisted that the law and legal reasoning should determine all adjudications based on objective facts, unambiguous rules, and logic.

Political jurisprudence, by contrast, pays much less attention than normative jurisprudence to the internal logic of legal doctrines. Elizabeth Bussiere is an assistant professor of political science at the University of Massachusetts at Boston and is a fellow at the Mary Ingram Bunting Institute at Radcliffe College.The study of judicial politics has long been characterized by disputes between normative jurisprudence and an empirically oriented political jurisprudence.Yet, public law and critical legal studies exhibit important differences in their understanding of the legal doctrines that courts formulate to justify their

This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.

When looking at the other element of the functionality of law in our court systems, the law in action, one must understand that this is literary the way the actors in the courtroom interpret the letter of the law. These players in the court room are the judges, lawyers, the defendant, and victims (Neubauer and Fradella, 2009). The law in action can be very confusing to the average person because of the many different interpolations that can come from so many different actors in the court system.

www.iep.utm.edu/legalpos/ [April 17 2001][accessed 4th November 2012] Plato.standford.edu/entries/legal-positivism/ [2003][accessed 4th November 2012] 6 Joseph Raz The Authority Of Law: Essays On Law And Morality(1979)p. 47

The Great Chief Justice: John Marshall and the Rule of Law by Charles F. Hobson examines the judicial career of John Marshall, as well as the legal culture that helped to shape his political beliefs and his major constitutional opinions. The author sources much of his information from the formal opinions that Marshall issued during his judicial career. From these writings, Hobson presents Marshall 's views on law and government and provides explanations for what in Marshall 's life influenced those beliefs.

Holmes’s connects legal realism to the relationship of the natural world and how it interacts with natural law. In the eyes of Holmes’s, the mindset of society is always changing in a good or bad way. In Holmes’s morality has nothing to do with the law. Holmes’s raises the issues that legal adjudication has no constitutional grounds, instead it’s rather more important to focus on social experiences that come through maturity and age. Ultimately, Holmes’s raises the question on whether or not the constitution is time bounded and whether or not people should put their faith in the constitution. In addition, Holmes’s the fundamental idea of natural law. In the view of Holmes’s, the lawyers are the ones that are to become the new implementers

Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation

In the case of Faccenda Chicken Ltd v Fowler and others; Fowler v Faccenda Chicken Ltd - [1986] 1 All ER 617 it was stated that plaintiff company was involved in the business of selling fresh chicken from refrigerator van which travelled through specific paths within a specific area. Each and every salesman will received sales details about the clients’ names and addresses, overall limits of the routes, amount and quality of goods sold and prices charged. After that, the defendant operated his business in the same location, same path, served the same types of clients as the plaintiff. Five of the defendant’s colleague had left the plaintiff and joined the defendant's employment. None of the colleague is bound by a contract that prevents them from offering service immediately

The impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration.

The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence

This article discusses the conceptions of legal normativity, both moral and “strictly legal” conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the “strictly legal” concept of law. In Torben Spaak’s opinion, there is a reason to desire legal positivism; he explains this through introducing the concept of jurisprudence. When discussing the nature of law, Spaak states, “that while the moral conception is what is likely favored on a smaller scale, the strictly legal conception is more appealing because it is broader,” (478). Spaak is arguing, his belief that “validity-based explanations come nearer to the truth,”(483) rather than belief-based explanations. He concludes that we are to prefer legal positivism over natural law theory. “That is why in this article I have been concerned with the law itself rather than our views about it.”(483)

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.