RT Book
T1 Common law judging: subjectivity, impartiality, and the making of law
A1 Edlin, Douglas E.
LA English
PP Ann Arbor
PB University of Michigan Press
YR 2016
UL https://krimdok.uni-tuebingen.de/Record/170331137X
AB 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
CN 340.57
SN 9780472902347
SN 9780472122158
K1 Common Law
K1 Judicial Process : English-speaking countries
K1 Political Science
K1 Political Science / American Government / Judicial Branch
K1 Electronic books
K1 Common law : Rechtsprechung