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Judges as wizards - the making of legal magic

Judges as wizards - the making of legal magic

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2019) Judges as wizards - the making of legal magic. New Law Journal, 169 (7855). p. 22. ISSN 0306-6479 (Print), 2046-2239 (Online)

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Abstract

The article reviews case law illustrating judicial resort to legal fictions, such as the concept of "the reasonable man". It argues that, although intended to convey objectivity, legal fictions usually reflect a judge's subjective opinion. It also sets out justifications for the subjective element in judicial discretion and refers to Jerome Frank's description of the judicial process in the form of an equation, in "Courts on Trial: Myth and Reality in American Justice".

Item Type: Article
Uncontrolled Keywords: common law, judicial decision-making, discretion, legal fictions, reasonable man, legal systems
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 16 Sep 2019 09:02
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/25214

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