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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 possible to determine which approach the judge took in reaching the judgment, by taking into account the method of reasoning and authority…
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