Discovery Projects - Grant ID: DP0343947

Funding Activity

Website
http://dataportal.arc.gov.au/NCGP/Web/Grant/Grant/DP0343947

Funding Status
Closed

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Funded Activity Summary

Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.

Funded Activity Details

Start Date: 01-01-2003

End Date: 31-12-2007

Funding Scheme: Discovery Projects

Funding Amount: $250,000.00

Funder: Australian Research Council

Research Topics

ANZSRC Field of Research (FoR)

Law | Jurisprudence And Legal Theory | History And Philosophy Of Law And Justice | Social Philosophy

ANZSRC Socio-Economic Objective (SEO)

Understanding other countries | Understanding legal processes | Understanding political systems |

Other Keywords

History And Philosophy Of Law And Justice | Jurisprudence And Legal Theory | Law | Social Philosophy | Understanding legal processes | Understanding other countries | Understanding political systems

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