Judging in Good Faith (Cambridge Studies in Philosophy and Law)
ISBN-13:
9780521419949
ISBN-10:
0521419948
Author:
Steven J Burton
Publication date:
1992
Publisher:
Cambridge University Press
Format:
Hardcover
292 pages
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Book details
ISBN-13:
9780521419949
ISBN-10:
0521419948
Author:
Steven J Burton
Publication date:
1992
Publisher:
Cambridge University Press
Format:
Hardcover
292 pages
Summary
Judging in Good Faith (Cambridge Studies in Philosophy and Law) (ISBN-13: 9780521419949 and ISBN-10: 0521419948), written by authors
Steven J Burton, was published by Cambridge University Press in 1992.
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Description
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.
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