Judging in Good Faith (Cambridge Studies in Philosophy and Law) - Softcover

Burton, Steven J.

Softcover

ISBN 10: 0521477409 ISBN 13: 9780521477406

Publisher: Cambridge University Press, 1994

Synopsis

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.

About this title

Book Description:

Offering an original theory of adjudication based on the ethics of judging in courts of law, this book presents two main theses to oppose conservative theories restricting the scope of adjudication as well as leftist critical theories liberating judges from the rule of law.

From the Back Cover:

This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

About this edition

• Publisher: Cambridge University Press
• Publication date: 1994
• ISBN 10: 0521477409
• ISBN 13: 9780521477406
• Binding: Paperback
• Number of pages: 292