The Judge and the Philosopher: Determining What Is the Law (The Judge and the Creative Positivist)
Language: English
Published by Huge Jam Publishing, 2023
- Softcover
- New
Seller: Revaluation Books, Exeter, United KingdomRevaluation Books
AbeBooks seller since January 6, 2003
Condition: New
£ 20.71
Quantity: 2 available
Add to basketItem description from seller
264 pages. 9.00x6.00x0.60 inches. In Stock.
Seller Inventory # x-1739182928
- Title
- The Judge and the Philosopher: Determining What Is the Law (The Judge and the Creative Positivist)
- Author
- Moskowitz, David H
- Publisher
- Huge Jam Publishing
- Publication year
- 2023
- Condition
- Brand New
- Binding
- Paperback
- Language
- English
- ISBN 10
- 1739182928
- ISBN 13
- 9781739182922
- Item weight
- 0.46 kilograms
- Series
- Book 2 of 3: The Judge and the Creative Positivist
In the first volume, The Judge and the Umpire, the author explains why judges are not like umpires because judges have the authority to create new legal rules. In this second volume, Moskowitz reviews the impact of the American Legal Realists who established that judges do not always apply the rules of pre-existing law in deciding cases.
Legal positivism is based on three theories: the pedigree theory (laws are based upon the sources of the legal rules); the separation theory (the distinction between law that is and potential law; the difference between law and non-law; and the separation of legal rules from moral rules); and the discretionary theory (judges have discretion when the law is unclear to create new legal rules rather than deciding cases by applying only rules that existed before the case was decided).
In Hart’s version of the discretionary theory, judges exercise discretion only in the cases in which the pre-existing law is indeterminate (the hard cases). Here, Moskowitz contends that judges use discretion in all cases in which the judge creates a new legal rule. This may include cases in which the law was certain before the decision is made, but in which the judge does not apply the pre-existing law and, instead, creates a new legal rule. Moskowitz uses the law of zoning to demonstrate the impact of justice upon the making of such legal decisions.
This book will be of interest to law students and to all readers who want to understand the sources used by judges in making judicial decisions and the standards by which these judicial decisions may be evaluated.
"Synopsis" may belong to another edition of this title.
Revaluation Books
Exeter, United Kingdom
AbeBooks seller since January 6, 2003
Shipping rates from United Kingdom to U.S.A.
| Item | 7 to 14 business days | 2 to 3 business days |
|---|---|---|
| First item | £ 10.00 | £ 30.00 |
Payment methods
Seller's business information
Edward Bowditch Ltd
Exstowe, Exton
Exeter, United Kingdom EX3 0PP
Terms of sale
Legal entity name: Edward Bowditch Ltd
Legal entity form: Limited company
Business correspondence address: Exstowe, Exton, Exeter, EX3 0PP
Company registration number: 04916632
VAT registration: GB834241546
Authorised representative: Mr. E. Bowditch
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to Revaluation Books, Hounslow, United Kingdom, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Shipping terms
Orders usually dispatched within two working days.