| Description |
1 online resource |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Introduction -- Subjectivity, objectivity, impartiality -- Subjectivity and intersubjectivity -- Making law -- Judicial individualism and judicial independence -- Conclusion. |
| Note |
Print version record. |
| Summary |
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. Specifically, Edlin situates a judge's subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. |
| Local Note |
University of Michigan Press Ebook Collection (UMP EBC) |
| Subject |
Judicial process -- English-speaking countries.
|
|
Common law.
|
|
LAW -- Essays.
|
|
LAW -- General Practice.
|
|
LAW -- Jurisprudence.
|
|
LAW -- Paralegals & Paralegalism.
|
|
LAW -- Practical Guides.
|
|
LAW -- Reference.
|
|
POLITICAL SCIENCE -- American Government -- Judicial Branch.
|
|
Common law. (OCoLC)fst00869795
|
|
Judicial process. (OCoLC)fst00984705
|
|
English-speaking countries. (OCoLC)fst01261775
|
| Other Form: |
Print version: Edlin, Douglas E. Common law judging. Ann Arbor : University of Michigan Press, 2016 9780472130023 (DLC) 2016006681 (OCoLC)938856152 |
| ISBN |
9780472122158 (electronic book) |
|
0472122150 (electronic book) |
|
9780472130023 |
|
0472130021 |
|
