Law and Philosophy Library

`Discovery' in Legal Decision-Making

Authors: Anderson, B.

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About this book

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob­ lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam­ ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.

Table of contents (8 chapters)

  • The Problematic Nature of Discovery and Justification

    Anderson, Bruce

    Pages 1-36

  • Investigating The Analogy Between Science and Law

    Anderson, Bruce

    Pages 37-60

  • Examining “Discovery” and A Woman’s Point of View as Justificatory and Rhetorical Strategies in Madame Justice Wilson’s Analysis of The Right to Liberty in R v. Morgentaler, Smoling and Scott

    Anderson, Bruce

    Pages 61-79

  • Investigating “Discovery” in The Arbitration Process

    Anderson, Bruce

    Pages 80-92

  • Bernard Lonergan on Insight in Theoretical and Practical Reasoning

    Anderson, Bruce

    Pages 93-106

Buy this book

eBook $149.00
price for USA (gross)
  • ISBN 978-94-017-0554-7
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $199.00
price for USA
  • ISBN 978-0-7923-3981-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $199.00
price for USA
  • ISBN 978-90-481-4685-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
`Discovery' in Legal Decision-Making
Authors
Series Title
Law and Philosophy Library
Series Volume
24
Copyright
1996
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-94-017-0554-7
DOI
10.1007/978-94-017-0554-7
Hardcover ISBN
978-0-7923-3981-6
Softcover ISBN
978-90-481-4685-7
Series ISSN
1572-4395
Edition Number
1
Number of Pages
X, 171
Topics