Empirical Gap in Jurisprudence

A Comprehensive Study of the Supreme Court of Canada

Nonfiction, Reference & Language, Law, Court Rules, Courts, Jurisprudence
Cover of the book Empirical Gap in Jurisprudence by Daved Muttart, University of Toronto Press, Scholarly Publishing Division
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Daved Muttart ISBN: 9781487591809
Publisher: University of Toronto Press, Scholarly Publishing Division Publication: February 17, 2007
Imprint: Language: English
Author: Daved Muttart
ISBN: 9781487591809
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication: February 17, 2007
Imprint:
Language: English

In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.

Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution.

Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.

Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution.

Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples.

More books from University of Toronto Press, Scholarly Publishing Division

Cover of the book Social Work in the Hospital Organization by Daved Muttart
Cover of the book Post-TV by Daved Muttart
Cover of the book Staging the Trials of Modernism by Daved Muttart
Cover of the book The Matter of Mind by Daved Muttart
Cover of the book Letters to Limbo by Daved Muttart
Cover of the book Residential Schools and Reconciliation by Daved Muttart
Cover of the book George Grant and the Subversion of Modernity by Daved Muttart
Cover of the book Living and Working with Schizophrenia by Daved Muttart
Cover of the book Canadian Issues by Daved Muttart
Cover of the book The CTR Anthology by Daved Muttart
Cover of the book In Defence of Canada Volume I by Daved Muttart
Cover of the book Discounted Labour by Daved Muttart
Cover of the book In Times Like These by Daved Muttart
Cover of the book The New Bibliopolis by Daved Muttart
Cover of the book Cousin Cinderella by Daved Muttart
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy