Table of Contents
Acknowledgments xi
1 Introduction 1
Wise Latinas and Judicial Identity 1
Objective Laws and Subjective Judges 4
Common Law Judges 6
Common Law Objectivity 9
Legal Judgment and Legal Truth 14
Impartiality, Intersubjectivity, and the Art of Judging 16
2 Subjectivity, Objectivity, Impartiality 20
Impartiality 22
Objectivity 25
Trials and Truths 28
Legal Sources and Valid Judgments 30
Judgment and Justification 36
Value Judgments and Legal Judgments 37
The Judge in the Judgment 48
3 Subjectivity and Intersubjectivity 52
Judgment 54
Communication 63
Community 66
Disinterestedness 72
Judging Art and Law 75
4 Making Law 77
Legislating from the Bench 77
Changing Law 78
Weintraub v. Krobatsch: The Duty to Disclose 80
Browning v. Slenderella Systems of Seattle: Discrimination in Public Accommodations 82
R. v. R.: The Marital Rape Exemption 85
Law in the Making 88
5 Judicial Individualism and Judicial Independence 90
Individual and Institutional Independence 91
Decisional Autonomy and Judicial independence 95
Decisional Integrity and Judicial Independence 104
6 Conclusion 110
The Ideal Judge? 110
The Subject and Object of Judging: Affirmative Action in Life and Law 115
Reading Judges and Reading Judgments 122
Common Law Judgment 124
Table of Authorities 127
Notes 133
References 229
Index of Subjects 245
Index of Names 257