Judging in Good Faith

Cambridge University Press (1992)
Abstract
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.
Keywords Law Philosophy  Jurisprudence  Judicial process Moral and ethical aspects
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Call number K237.B87 1992
ISBN(s) 0521477409   0521419948   9780521477406  
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Paul Gowder (2013). The Rule of Law and Equality. Law and Philosophy 32 (5):565-618.
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