Doctoring Doctrine
Conference paper
Weaver, M (2020). Doctoring Doctrine. Society of Legal Scholars Conference 2020. online 01 - 04 Sep 2020 The Society of Legal Scholars.
| Authors | Weaver, M |
|---|---|
| Type | Conference paper |
| Abstract | Because the common law faces conundrumic demands — to be both in touch with a changing society and predictable — the proper division of law-making labour between judges and legislature is controversial. It is unrealistic to: rely on neat divisions between principle (for judges) and consequentialist policy or pragmatism (for Parliament); or to consider analogical reasoning as blind to policy. Montgomery, used as a case study, invokes autonomy as a principle (not derived analogically from previous case law) to justify the informed consent doctrine. |
| Keywords | Autonomy; Principle; Policy; Pragmatism; Analogical reasoning; Dignity |
| Year | 2020 |
| Publisher | The Society of Legal Scholars |
| File | License File Access Level Open |
| File | License File Access Level Open |
| Publication dates | |
| 02 Sep 2020 | |
| Publication process dates | |
| Accepted | 02 Aug 2020 |
| Deposited | 27 Oct 2020 |
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https://openresearch.lsbu.ac.uk/item/8qzw9
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| 158_Doctoring Doctrine_Max Weaver_22 AUGUST 2020.docx | ||
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