Common Law Judging
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 inten...
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| Format: | Online |
| Sprog: | engelsk |
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University of Michigan Press
2021
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| Online adgang: | OCN: 1229886399 |
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| _version_ | 1869520040003371008 |
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| author | Edlin, Douglas |
| author_browse | Edlin, Douglas |
| author_facet | Edlin, Douglas |
| author_sort | Edlin, Douglas |
| collection | Directory of Open Access Books |
| 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. |
| format | Online |
| id | doab-20.500.12854ir-31889 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Michigan Press |
| publisherStr | University of Michigan Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-318892025-07-30T21:10:25Z Common Law Judging Edlin, Douglas Political Science American Government Judicial Branch thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government 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. 2021-02-10T12:58:18Z 2020-12-15T14:04:53Z 2016 book OCN: 1229886399 https://library.oapen.org/handle/20.500.12657/43863 9780472130023 https://directory.doabooks.org/handle/20.500.12854/31889 eng open access image/png image/png image/png image/png image/png image/png image/jpeg image/jpeg n/a n/a n/a Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/1/external_content.epub https://library.oapen.org/bitstream/20.500.12657/43863/11/9780472902347.pdf https://library.oapen.org/bitstream/20.500.12657/43863/11/9780472902347.pdf University of Michigan Press University of Michigan Press https://doi.org/10.3998/mpub.3783964 https://doi.org/10.3998/mpub.3783964 b7359529-e5f7-4510-a59f-d7dafa1d4d17 Knowledge Unlatched 9780472130023 Knowledge Unlatched (KU) KU Select 2019: HSS Backlist Books University of Michigan Press open access |
| spellingShingle | Political Science American Government Judicial Branch thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government Edlin, Douglas Common Law Judging |
| title | Common Law Judging |
| title_full | Common Law Judging |
| title_fullStr | Common Law Judging |
| title_full_unstemmed | Common Law Judging |
| title_short | Common Law Judging |
| title_sort | common law judging |
| topic | Political Science American Government Judicial Branch thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government |
| topic_facet | Political Science American Government Judicial Branch thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government |
| url | OCN: 1229886399 |
| work_keys_str_mv | AT edlindouglas commonlawjudging |