Empirical Gap in Jurisprudence : : A Comprehensive Study of the Supreme Court of Canada / / Daved Muttart.

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.E...

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Bibliographic Details
Superior document:Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Backlist 2000-2013
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Place / Publishing House:Toronto : : University of Toronto Press, , [2016]
©2007
Year of Publication:2016
Language:English
Series:Heritage
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Physical Description:1 online resource (276 p.)
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Table of Contents:
  • Frontmatter
  • Contents
  • Tables and Figures
  • Preface
  • Acknowledgments
  • Section I. Setting the Stage
  • 1. Introduction
  • 2. Possible Solutions: Case Study of the Supreme Court of Canada
  • 3. Beginning to Close the Empirical Gap
  • Section II. Measuring the Court's Decisions
  • 4. Fact, Law, and Policy
  • 5. Modes of Legal Reasoning
  • 6. Changing the Law
  • 7. Other Trends: Bright Lines to Principles
  • 8. Judicial Attitudes and Other Interesting Findings
  • 9. Charter Cases Are Different
  • Section III. Testing Theories
  • 10. How Judges Judge: Testing Legal Theory
  • 11. Is Legal Reasoning Autonomous?
  • 12. Is the Supreme Court of Canada 'Too' Activist?
  • 13. Conclusion: The Gap Has Been Narrowed
  • Notes
  • Glossary
  • Bibliography
  • Index