Common Law Judging : Subjectivity, Impartiality, and the Making of Law /
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 inten...
Saved in:
| Main Author: | |
|---|---|
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Ann Arbor :
University of Michigan Press,
[2016]
|
| Series: | Book collections on Project MUSE.
|
| Subjects: | |
| Online Access: | Full text available: |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
MARC
| LEADER | 00000cam a22000004a 4500 | ||
|---|---|---|---|
| 001 | musev2_47544 | ||
| 003 | MdBmJHUP | ||
| 005 | 20240815120743.0 | ||
| 006 | m o d | ||
| 007 | cr||||||||nn|n | ||
| 008 | 160209s2016 miu o 00 0 eng d | ||
| 010 | |z 2020707300 | ||
| 020 | |a 9780472122158 | ||
| 020 | |z 9780472902347 | ||
| 020 | |z 0472130021 | ||
| 020 | |z 9780472130023 | ||
| 020 | |z 0472122150 | ||
| 035 | |a (OCoLC)956541684 | ||
| 040 | |a MdBmJHUP |c MdBmJHUP | ||
| 100 | 1 | |a Edlin, Douglas E., |e author. | |
| 245 | 1 | 0 | |a Common Law Judging : |b Subjectivity, Impartiality, and the Making of Law / |c Douglas E. Edlin. |
| 264 | 1 | |a Ann Arbor : |b University of Michigan Press, |c [2016] | |
| 264 | 3 | |a Baltimore, Md. : |b Project MUSE, |c 2016 | |
| 264 | 4 | |c ©[2016] | |
| 300 | |a 1 online resource (312 pages). | ||
| 336 | |a text |b txt |2 rdacontent | ||
| 337 | |a computer |b c |2 rdamedia | ||
| 338 | |a online resource |b cr |2 rdacarrier | ||
| 505 | 0 | |a Introduction -- Subjectivity, objectivity, impartiality -- Subjectivity and intersubjectivity -- Making law -- Judicial individualism and judicial independence -- Conclusion. | |
| 506 | 0 | |a Open Access |f Unrestricted online access |2 star | |
| 520 | |a 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. | ||
| 588 | |a Description based on print version record. | ||
| 650 | 7 | |a Judicial process. |2 fast |0 (OCoLC)fst00984705 | |
| 650 | 7 | |a Common law. |2 fast |0 (OCoLC)fst00869795 | |
| 650 | 7 | |a Political Science / American Government / Judicial Branch. |2 bisacsh | |
| 650 | 6 | |a Processus judiciaire |z Anglophonie. | |
| 650 | 6 | |a Common law. | |
| 650 | 0 | |a Judicial process |z English-speaking countries. | |
| 650 | 0 | |a Common law. | |
| 651 | 7 | |a English-speaking countries. |2 fast |0 (OCoLC)fst01261775 | |
| 655 | 7 | |a Electronic books. |2 local | |
| 710 | 2 | |a Project Muse. |e distributor | |
| 830 | 0 | |a Book collections on Project MUSE. | |
| 856 | 4 | 0 | |z Full text available: |u https://muse.jhu.edu/book/47544/ |
| 945 | |a Project MUSE - 2016 Complete | ||
| 945 | |a Project MUSE - 2016 Political Science and Policy Studies | ||
| 999 | |c 231779 |d 231778 | ||