Judging in Good Faith

ISBN-13: 9780521419949 / Angielski / Twarda / 1992 / 292 str.

Steven J. Burton; Gerald Postema; Jules L. Coleman

Opis

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.

Recenzje

"Judging in Good Faith is the Old Man and The Sea of jurisprudential literature. Burton's clear, unadorned prose is readily accessible to nonspecialists. If for no other reason than this, the book would be a worthwhile contribution to the literature. Happily, the book manifests numerous other virtues." Raymond A. Belliotti, International Studies in Philosophy

Spis treści

Part I: The Good Faith Thesis: 1. Stubborn indeterminacy; 2. The good faith thesis; 3. An illustrative case and first objections; Part II. The Permissible Discretion Thesis: 4. Science and skepticism. 5. Critical claims; 6. Philosophies of law; Part III. Law, Morals and Politics: 7. Legal and moral duties; 8. The politics of good faith; Index.