Judging in Good Faith (Hardback)
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Short Description for Judging in Good Faith This book offers an original theory of adjudication focused on the ethics of judging in courts of law.
- Published: 01 September 1992
- Format: Hardback 292 pages
- ISBN 13: 9780521419949 ISBN 10: 0521419948
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Full description for Judging in Good Faith
This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which 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.