Critical Analysis of Differing Approaches in Legal Reasoning.

When a judgment is made in Australian law, it is apparent that there can often be differing approaches taken when attempting to reach this judgment. There are two common views which are frequently taken in this situation, that of the activist reasoning, and that of the positivist reasoning. Each of these has the potential to introduce judge-made bias, and commonly arises from the judge's background or social origin. When considering a case, it is often …

…amp;lt;Tab/>Australian Capital Television Pty Ltd v the Commonwealth (1992) 177 CLR 106 *<Tab/>Australian Capital Television Pty Ltd and others and the State of New South Wales v The Commonwealth of Australia and another (1992) 177 CLR 106 *<Tab/>Minister for the Army v Dalziel (1944) 68 CLR 261 *<Tab/>Tasmanian Dam Case (1983) 168 CLR 145 Other *<Tab/>Dictionary.com Retrieved April 19, 2005 from www.dictionary