The Judicial Process

Distinguished Visiting Fellow, Auckland University Law School; Acting Judge of the Supreme Court of New Zealand.

Review of the hardback: 'Clearly written, informative, intelligent and stimulating, The Judicial Process is a welcome addition to works in the tradition of Cardozo in imparting insights as to how judges view the process of which they are a part. Legal theory is engaged with in an informed and illuminating manner. Obscure or obdurate positions are disarmed with imaginative devices and humour, and the restrained but effective use of case studies. In establishing the clear connections between legal theory and the law in practice the author has written a jurisprudential work which will be of great value to judges, law practitioners and legal academics throughout the common law world.' Professor Andrew Halpin, Southampton University

• Preface; 1. Introduction; 2. Muddling along; 3. The curse of formalism; 4. Legal fundamentalism; 5. The idolatry of certainty; 6. The piety of precedent; 7. The foibles of precedent - a case study; 8. There is no impersonal law; 9. So, what is the law?; 10. The constraints on the judiciary; 11. Towards a new judicial methodology; 12. Of realism and pragmatism; 13. Of practical reasoning and principles; 14. Taking law seriously; 15. A theory of ameliorative justice; Subject index; Authors index.