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Essay / Research Paper Abstract
8 pages in length. Roland Case's "Understanding Judicial Reasoning : Controversies, Concepts, And Cases" addresses issues that society has been grappling with since the creation of the Constitution: How much of the law should be left up to personal interpretation and how much should be followed to the letter? Indeed, the extent to which contemporary judges impart their own legal perception is part and parcel to what Case attempts to tackle within the pages of his insightful account. Particularly interesting is how the author addresses three distinctive methods of reasoning that serve to define the decision-making processes of today's legal system, which include reasoning from interpretive guidelines; reasoning from prior cases; and reasoning from principle. Bibliography lists 9 sources.
Page Count:
8 pages (~225 words per page)
File: LM1_TLCJudRe.rtf
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Unformatted sample text from the term paper:
should be left up to personal interpretation and how much should be followed to the letter? Indeed, the extent to which contemporary judges impart their own legal perception is
part and parcel to what Case (1997) attempts to tackle within the pages of his insightful account. Particularly interesting is how the author addresses three distinctive methods of reasoning
that serve to define the decision-making processes of todays legal system, which include reasoning from interpretive guidelines; reasoning from prior cases; and reasoning from principle. Case (1997), who argues that
"a rule-governed account of judicial reasoning represents faithfully what is generally regarded as authorized judicial practice" (p. PG) illustrates that the legal system is an entity comprised of individual
human beings who attest to provide protection for the masses. This may be true in theory but the truth of the matter is that the courts have gained far
too much influence over peoples lives in their ongoing quest for civil harmony. "...The federal courts, composed of unelected judges, are the least democratic branch of government, and that
judges should not get involved in political questions or conflicts between the other two branches" (Anonymous, 2002). When employing reasoning from principle, jurists find that the letter of the
law does not fit the case in question; as such, the jurist must settle disputes that are unable to be resolved framers law by "evaluating proposed principles in light of
the broader constellation of legal standards" (Case, 1997, p. PG). Sometimes, however, this is deemed as nothing short of unconstitutional. Restraint activists
contend that it has come to the point where the judicial process has turned into more of an enemy than a savior; this fact is easily proven by any number
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