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Common Law Judging : Subjectivity, Impartiality, and the Making of Law
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ISBN: 0472902342 Year: 2016 Publisher: [s.l.] : University of Michigan Press,

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Abstract

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. 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.

Common law theory
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ISBN: 9780521846424 0521846420 9780511551116 9780521176156 0521176158 1107175496 0511480350 0511551118 0511475705 0511477147 0511478666 9780511480355 9781107175495 9780511477140 9780511475702 9780511478666 Year: 2007 Publisher: Cambridge : Cambridge University Press,

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In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.


Book
Judges and unjust laws : common law constitutionalism and the foundations of judicial review
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ISBN: 1282697544 9786612697548 0472022954 Year: 2008 Publisher: Ann Arbor : University of Michigan Press,

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Book
Common law judging : subjectivity, impartiality, and the making of law
Authors: ---
ISBN: 0472122150 0472130021 Year: 2016 Publisher: Ann Arbor : University of Michigan Press,

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