The empirical gap in jurisprudence : a comprehensive study of the Supreme Court of Canada / Daved Muttart.

Toronto : University or Toronto Press, 2007.

27128

Canada. -- Supreme Court.

Judicial process -- Canada.

1. Introduction

2. Possible solutions: case study of the Supreme Court of Canada

3. Beginning to close the empirical gap

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

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.

Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories.

Includes bibliographical references and index.

0802091598

9780802091598

xiv, 260 p. : ill. ; 24 cm