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Which Sources Influence Judicial Decision-Making in Cases of

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Jack Meakin

on 12 March 2014

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Transcript of Which Sources Influence Judicial Decision-Making in Cases of

Which Sources Influence Judicial Decision-Making in Cases of Religious Freedom in England and Wales?

What Normative Standpoints Can be Revealed in these Judicial Dictum?

Can These Norms Be Grouped or Defined as Representing a Majority, or 'Dominant sector of Society?

Background / Influences
Law is Social
Friedman --> Legal rules and principles are generated from social understandings
Recent Scholarship -> Fashions...
Current Reigious Liberty Law in England and Wales
Aims -
Sources of Judicial Reasoning --> Their Complex and Social Nature
Normative Content
-Religion in Law - Via Social Perceptions?
-Develop Concepts for Reasoning
-Future Analysis of Cases
Theoretical Approach
The Complex Extent of Adjudication
A Framework for Analaysis
Greater Understanding of the Juridical Field
Bourdieu
Habitus
Field - Juridical Field
Subconcepts -> "intraconscious" state / Reflexivity / Rationalisation and Arbitrariness / Symbolism
Dworkin
Law as Integrity -> Hercules
Complexity
'Fit' -> a) 'fit' b) advance law?
'Just and Fair' -> 'Goals'
Political Morality
Blomley

Discursive Power of Law
Full transcript