Judging in Good Faith

Judging in Good Faith

by Steven J. Burton
     
 

ISBN-10: 0521477409

ISBN-13: 9780521477406

Pub. Date: 11/25/1994

Publisher: Cambridge University Press

This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy

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Overview

This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Product Details

ISBN-13:
9780521477406
Publisher:
Cambridge University Press
Publication date:
11/25/1994
Series:
Cambridge Studies in Philosophy and Law Series
Edition description:
Reprint
Pages:
292
Product dimensions:
5.98(w) x 8.98(h) x 0.67(d)

Table of Contents

Part I: The Good Faith Thesis: 1. Stubborn indeterminacy; 2. The good faith thesis; 3. An illustrative case and first objections; Part II. The Permissible Discretion Thesis: 4. Science and skepticism. 5. Critical claims; 6. Philosophies of law; Part III. Law, Morals and Politics: 7. Legal and moral duties; 8. The politics of good faith; Index.

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