The Judge and the Umpire (Hardback or Cased Book)
Language: English
Published by Huge Jam 11/14/2022, 2022
- Hardcover
- New
Seller: BargainBookStores, Grand Rapids, MI, U.S.A.BargainBookStores
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Add to basketItem description from seller
The Judge and the Umpire.
Seller Inventory # BBS-9781739182939
- Title
- The Judge and the Umpire (Hardback or Cased Book)
- Author
- Moskowitz, David H.
- Publisher
- Huge Jam 11/14/2022
- Publication year
- 2022
- Condition
- New
- Book Type
- Book
- Binding
- Hardback or Cased Book
- Language
- English
- ISBN 10
- 1739182936
- ISBN 13
- 9781739182939
- Item weight
- 1.11 pounds
- Series
- Book 1 of 3: The Judge and the Creative Positivist
The Judge and the Umpire springs from a reaction against a supreme court judge’s direct attempt to assimilate the two roles in his inaugural speech. In short, the author argues, because judges are authorized to create new legal rules, they are not like umpires who call balls and strikes with no authority to change the rules.
This series will be invaluable to students of US jurisprudence and legal philosophy and provide researchers with a ground shifting new theory. This first volume examines six cases in detail, providing an introduction that is accessible to undergraduates and to general readers with an interest in the context of existing judicial decisions.
www.thecreativepositivist.com
Published by www.hugejam.com, 2022
Featured review:
Persuasive and intelligent volume one in the series The Judge and the Creative Positivist … THE JUDGE AND THE UMPIRE… by David H Moskowitz is destined to take its place among such classics as The Concept of Law by H.L.A.Hart . Moskowitz has written a book that is mandatory reading for Judges, Lawyers, students of jurisprudence, Legal Philosophers and yet is a completely engaging read for anyone interested in the interaction of the law and the legal system.
Moskowitz provides a vocabulary and a methodology for evaluating judicial decisions at every level and uses that vocabulary as a foundation for a new legal theory he calls creative positivism. Moskowitz posits that Correctness, justice, and wisdom are elemental to the judicial process and should be adopted as the semantics for evaluating judicial decisions. These elements are the foundation for his theory of creative positivism.
In this book Moskowitz also thoughtfully explores such questions as how the law is at once dynamic and stable; why Judges and Umpires play on different fields; why there are no gaps in the law; judicial use of alternate sources; how Judges create new law; why there is a correct decision in every case and how the same case can be correct, unjust and wise. An important contribution to western jurisprudence.
"Synopsis" may belong to another edition of this title.
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