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Towards a New Theory of Adjudication

Integrating Theory and Practice

Towards a New Theory of Adjudication cover

Description

This book explores the major theories of common law adjudication and presents a new theory of adjudication.

It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

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Table of Contents

Part I: Introduction and Fundamental Concepts
1. Introduction: An Overview of This Book
2. Fundamental Concepts
3. On Theoretical Frameworks and Objectivity

Part II: Theories of Adjudication Considered
4. Legal Positivism and the Adjudicative Process
5. Natural Law and the Adjudicative Process
6. The Dworkinian Theory of Adjudication – The Basic Building Blocks
7. The Dworkinian Theory of Adjudication – The Labours of Hercules
8. The Dworkinian Theory of Adjudication – Basic Problems and Practical Solutions
9. Against Adjudication – Skeptical Theories and Their Implications

Part III: Towards a New Theory of Adjudication
10. A Proposed Theory of Adjudication

Product details

Published 27 Nov 2025
Format Ebook (Epub & Mobi)
Edition 1st
Pages 272
ISBN 9781509976966
Imprint Hart Publishing
Publisher Bloomsbury Publishing

About the contributors

Author

Andrew Phang

Andrew Phang is Senior Judge at the Supreme Court…

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