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Judging in Good Faith
Hardcover
Series: Cambridge Studies in Philosophy and Law
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ISBN10: 0521419948
ISBN13: 9780521419949
Publisher: Cambridge University Press
Published: Aug 28 1992
Pages: 292
Weight: 1.21
Height: 1.20 Width: 6.30 Depth: 9.35
Language: English
ISBN13: 9780521419949
Publisher: Cambridge University Press
Published: Aug 28 1992
Pages: 292
Weight: 1.21
Height: 1.20 Width: 6.30 Depth: 9.35
Language: English
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.
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