Abstract
The criticism levelled at a juvenile court organised on ‘welfare’ lines comes, as we have seen, from a standpoint which sees such a jurisdiction as unconstrained by rules. We saw that the practical solution to this perceived problem was to impose the check of the courts which necessarily were seen as importing accountability to the proceedings of the juvenile court. What is clearly implicit in this standpoint is the idea that decisions arrived at in the courts are rule governed.
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Notes
R. Dworkin, Taking Rights Seriously (Duckworth 1977) p. 23.
Ibid., the reference to the oligopoly manufacturing potentially dangerous machines is to the case of Henningsen v Bloomfield 161 A. 2d 69. This case involved a claim for damages in respect of an accident where the strictly defined obligation of the company was simply to replace defective parts. For a critical discussion of Dworkin’s treatment of this case see J. C. Smith, Legal Obligation (Athlone Press, 1976) pp. 164–5.
Cambridge Law Journal, 1973, reprinted in J. C. Smith, Legal Obligation, quotations from the latter.
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© 1983 Antony Cutler and David Nye
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Cutler, A., Nye, D. (1983). The Nature of Judicial Decisions. In: Justice and Predictability. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-05987-4_2
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DOI: https://doi.org/10.1007/978-1-349-05987-4_2
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