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Judicial reasoning lacks any distinctive 'legal' features - judges simply make law according to their policy preferences. Discuss.
- Words:
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- Submitted:
- Fri Jan 28 2005
Have a little read: ... 4.Judicial reasoning lacks any distinctive 'legal' features - judges simply make law according to their policy preferences. Discuss. In coming to a decision, the judges have a lot to consider. Rules are established principles of law which have are acknowledged as precedent and are therefore applied in all cases of similar facts. An example is the rule that no one should be allowed to benefit from his own wrong .On the other hand, due to the experience and large number of cases which the courts deal with, it becomes necessary for them to formulate principles which act as guidelines when making decisions. Judges have a classical role which is to enforce the law as laid down by parliament but in their judicial reasoning, they take common law principles into consideration. For instance in contract law, there are principles which come into play in the event of a breach of contract. Damages
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