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.
AuthorsWeaver, M
TypeConference paper

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.

KeywordsAutonomy; Principle; Policy; Pragmatism; Analogical reasoning; Dignity
PublisherThe Society of Legal Scholars
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Publication dates
Print02 Sep 2020
Publication process dates
Accepted02 Aug 2020
Deposited27 Oct 2020
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