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Dr. Muhammad Munir

Positivism

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Are Judges The Makers Or Discoverers Of The Law?: Theories Of Adjudication And Stare Decisis Withspecial Reference To Case Law In Pakistan, Muhammad Munir Dr Dec 2012

Are Judges The Makers Or Discoverers Of The Law?: Theories Of Adjudication And Stare Decisis Withspecial Reference To Case Law In Pakistan, Muhammad Munir Dr

Dr. Muhammad Munir

The debate about whether judges make or create the law is at the centre of any discussion about stare decisis. Modern authors have discussed the views of judges and jurists in the past. This work focuses on some of the notable judges and jurists of the twentieth century, such as Lord Denning, Lord Reid, Lord Devlin, Bodenheimer, Hart, Dworkin, from the Anglo–American legal systems. The views of the latter three jurists are very complicated and need particular attention. It is also pertinent to note that no one has explored the views of leading judges and jurists in Pakistan to know …