Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
Book Description
99750
IN RE HOCKING, 451 MICH 1 (1996)
IN RE HOCKING, 451 MICH 1 (1996)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 522
Book Description
99750
Publisher:
ISBN:
Category :
Languages : en
Pages : 522
Book Description
99750
Common Law Judging
Author: Douglas E. Edlin
Publisher: University of Michigan Press
ISBN: 0472902342
Category : Political Science
Languages : en
Pages : 281
Book Description
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Publisher: University of Michigan Press
ISBN: 0472902342
Category : Political Science
Languages : en
Pages : 281
Book Description
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
In re Ferrara, 458 MICH 350 (1998)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 206
Book Description
109593
Publisher:
ISBN:
Category :
Languages : en
Pages : 206
Book Description
109593
IN RE HOCKING, 451 MICH 1 (1996)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
Book Description
99750
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
Book Description
99750
People v. Lemmon, 456 MICH 625 (1998)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 68
Book Description
105850
Publisher:
ISBN:
Category :
Languages : en
Pages : 68
Book Description
105850
Michigan reports
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 796
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 796
Book Description
In re Ferrara, 458 MICH 350 (1998)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 4126
Book Description
109593
Publisher:
ISBN:
Category :
Languages : en
Pages : 4126
Book Description
109593
Thomas M. Cooley Law Review
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 668
Book Description
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 668
Book Description
Michigan Law and Practice Encyclopedia
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 560
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 560
Book Description