Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

The Judicial Application of Law

Jerzy Wroblewskiformerly of Faculty of Law, University of Lodz, Poland

ISBN13: 9780792315698
ISBN: 0792315693
Published: August 1992
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



""The Judicial Application of Law"" is an contribution to analytical jurisprudence. It gives an account of all that is involved in the idea of ""applying"" law as this is carried out by judges. Thus it explores analytically a vital idea for our understanding of legality as a value to which systems of government aspire. This is achieved by the construction and examination of models of the various steps involved in judicial decision making, including elements both of interpretation and of fact finding, and by the exploration of various possible ideologies of the application of law.;The book takes as its main material for analysis statute-based legal systems in the form these took within socialist legal systems prior to the recent revolutions, being based principally on the law of Poland up to 1989.

Contents:
Part 1 Types of judicial application of law research: description of the judicial application of law; models of judicial application of law; descriptive models of judicial application of law; normative models and theories of judicial application of law.
Part 2 Theoretical analysis of judicial application of law: validity of law and decision of validity; operative interpretation and interpretative decision; determination of the facts of the case and decision of evidence; determination of legal consequences, decision of choice of consequences, and final decision of judicial application of law; rationality and correctness of decision of judicial application of law.
Part 3 Problems of ideology of judicial application of law: concept of the ideology of judicial application of law; ideology of the bound judicial decision; ideology of the free judicial decision; ideology of the legal and rational judicial decision; the judge and application of law.