The US Supreme Court and the Modern Common Law Approach

Nonfiction, Reference & Language, Law, Comparative, Jurisprudence
Cover of the book The US Supreme Court and the Modern Common Law Approach by Simona Grossi, Cambridge University Press
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Author: Simona Grossi ISBN: 9781316120149
Publisher: Cambridge University Press Publication: February 5, 2015
Imprint: Cambridge University Press Language: English
Author: Simona Grossi
ISBN: 9781316120149
Publisher: Cambridge University Press
Publication: February 5, 2015
Imprint: Cambridge University Press
Language: English

This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.

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This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.

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