Towards a New Theory of Adjudication - by Andrew Phang (Hardcover)

About the Book

Explores the major theories of common law adjudication and presents a new theory of judicial adjudication.

Book Synopsis

This book explores the major theories of common law adjudication and presents a new theory of adjudication.

It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Review Quotes

In Towards a New Theory of Adjudication, former Justice of Appeal Andrew Phang provides an insightful critique of the major theories of legal reasoning and adjudication, and building on that analysis, propounds his own theory of adjudication. The unique perspective of this book is that it comes from someone who has combined a career as an academic with a long-standing interest in legal theory with the practical experience of being a judge of the Singapore High Court and Court of Appeal. The theoretical issues discussed are illustrated by reference to decided cases, in many of which the author wrote or contributed to the court's reasoning. The result is a book which manages to bridge the divide between theory and practice, and which I strongly recommend.
Mr Justice David Foxton, High Court Judge, King's Bench Division and Judge of the Commercial Court

Justice Phang has written a masterful work on jurisprudence that should be read by law students, legal practitioners and judges. Drawing on his vast experiences and deep insight as a Professor and a Judge, he provides a rare blend of a strong philosophical foundation for the practice of judicial adjudication and a practical edge to jurisprudential theory. His analysis of the major works of the jurisprudential giants of classical jurisprudence is accessible, illuminating and compelling. His work on a new theory of adjudication, is rich in values, deep reflections and practical utility. It is worth returning to constantly, for those who seek to improve as judges, in the pursuit of justice.
Justice Kwek Mean Luck, Supreme Court, Singapore Chairman, Singapore Judicial College

Justice Phang's deft analytical skills, honed as a scholar and a jurist, make his new theory of adjudication particularly profound. It is a theory developed through eagle eyed analysis and a deep understanding of both legal theory and adjudicative method. A must read for anyone seeking to make sense of common law adjudication.
Professor Liz Fisher, Faculty of Law, University of Oxford

About the Author

Andrew Phang is a Senior Judge at the Supreme Court of Singapore and Distinguished Professor of Law, Yong Pung How School of Law, Singapore Management University.