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The tools and techniques of judicial creativity and precedent
The tools and techniques of judicial creativity and precedent











the tools and techniques of judicial creativity and precedent

Existing measures are unlikely to eradicate such discrimination even in the medium term.

the tools and techniques of judicial creativity and precedent

Currently the legal profession does so discriminate.

  • The legal profession is morally and, as far as gender and race are concerned, legally obliged not to discriminate in distributing jobs and promotions.
  • In addition, for those wishing to ensure a more general acceptance of affirmative action, persuading the legal profession that it is just and practicable is a useful starting place, since lawyers are better placed than most occupational groups to secure an end to the current legal prohibition on `strong'1 forms of affirmative action.
  • Indeed, it can be argued that legal academics have a special duty to ensure that those they purport to admit to law school on merit and prepare for practice do not later find their career prospects hampered by their social background.
  • #The tools and techniques of judicial creativity and precedent professional

    This is because the advanced educational qualifications, and the intellectual and other skills required of entrants, which are thought to guarantee high quality services to clients, mean that appointing and promoting on merit is regarded as particularly important in professional and other skilled occupations. A positive answer has implications extending beyond legal practice.This raises the question whether affirmative action should be introduced by the legal profession. Although the last few decades have seen a dramatic increase in female and ethnic minority entrants, research shows that a successful legal career is far from being equally open to all. For centuries, the legal profession constituted an exclusive club of white, middle-class men.2.3 CORRUPTION IN THE AMERICAN LEGAL SYSTEM 20.2.2 FACTS ABOUT THE AMERICAN LEGAL SYSTEM 16.2.1 THE MAIN PRINCIPLES OF THE AMERICAN SYSTEM OF JUSTICE 13.1.3 THE LEGAL PROFESSION FOR WOMEN: A PROBLEM OF GENDER EQUALITY 11.1.2 LAWYERS: PARASITES ON THE BACK OF THE AMERICAN TAXPAYER?.1.1 REGULATION OF THE LEGAL PROFESSION 4.













    The tools and techniques of judicial creativity and precedent