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dc.contributor.authorEdlin, Douglas
dc.date.accessioned2020-12-15T14:04:53Z
dc.date.available2020-12-15T14:04:53Z
dc.date.issued2016
dc.identifier.urihttps://library.oapen.org/handle/20.500.12657/43863
dc.description.abstractAre 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. In Common Law Judging, 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. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
dc.languageEnglish
dc.subject.classificationbic Book Industry Communication::J Society & social sciences::JP Politics & government::JPQ Central government
dc.subject.otherPolitical Science
dc.subject.otherAmerican Government
dc.subject.otherJudicial Branch
dc.titleCommon Law Judging
dc.title.alternativeSubjectivity, Impartiality, and the Making of Law
dc.typebook
oapen.identifier.doihttps://doi.org/10.3998/mpub.3783964
oapen.relation.isPublishedBye07ce9b5-7a46-4096-8f0c-bc1920e3d889
virtual.oapen_relation_isPublishedBy.publisher_nameUniversity of Michigan Press
virtual.oapen_relation_isPublishedBy.publisher_websitehttps://www.press.umich.edu/
oapen.relation.isFundedByb818ba9d-2dd9-4fd7-a364-7f305aef7ee9
virtual.oapen_relation_isFundedBy.grantor_nameKnowledge Unlatched
oapen.collectionKnowledge Unlatched (KU)
oapen.imprintUniversity of Michigan Press
oapen.identifierhttps://openresearchlibrary.org/viewer/925011e5-605e-49aa-8c07-d20a14eaa405
oapen.identifier.isbn9780472902347
grantor.number104001


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