Judging Judges: Values and the Rule of Law by Jason E. Whitehead

By Jason E. Whitehead

The “rule of legislations” stands on the center of the yank felony procedure. however the rule of legislation doesn't require judges slavishly to stick with the letter of the legislation, unaffected via political or social affects. simply because following the guideline of legislation completely is very unlikely, it truly is brushed off via the general public as a fantasy and judges are vilified.

Judging Judges refocuses and elevates the talk over judges and the guideline of legislations by way of displaying that private values topic. Jason E. Whitehead demonstrates that the guideline of legislations is dependent upon a socially developed angle of felony legal responsibility that spawns goal ideas. in depth interviews of judges exhibit the worth platforms that uphold or undermine the angle of felony legal responsibility so valuable to the guideline of legislation. This specialize in the social practices undergirding those worth structures demonstrates that the guideline of legislations is eventually a question of social belief instead of textual constraints. Whitehead’s distinct mix of philosophical and empirical research is an important increase since it strikes past the dichotomy of legislations or politics and indicates that the guideline of legislations is a shared social firm concerning all of society—judges, politicians, students, and traditional voters alike. Judging Judges’ awareness to judicial values establishes judges’ real worthy in a liberal democracy.

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