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Judging in Good Faith

Steven J. Burton

5/5 ( ratings)

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.

Language: English

Pages: 292

Format: Paperback

Publisher: Cambridge University Press

Release: November 25, 1994

ISBN: 0521477409

ISBN 13: 9780521477406

Judging in Good Faith

Steven J. Burton

5/5 ( ratings)

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.

Language: English

Pages: 292

Format: Paperback

Publisher: Cambridge University Press

Release: November 25, 1994

ISBN: 0521477409

ISBN 13: 9780521477406

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