Judging judges : values and the rule of law / Jason E. Whitehead.

Format:

Book

Author/Creator:

Whitehead, Jason E., 1970- author.

Lavia, Jennifer, author.

Rowe, Suzanne E., 1961- author.

Language:

English

Subjects (All):

Judicial process--United States.

Judicial process.

Judicial process--Philosophy.

Physical Description:

1 online resource (254 p.)

Edition:

1st ed.

Place of Publication:

Waco, Texas : Baylor University Press, [2014]

Language Note:

English

Summary:

The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society-judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.

Contents:

The battle over judges and the rule of law

Values and the rule of law from the inside out

Judges and formalist values

Judges and good-faith values

Judges and cynical values

Judges and rogue values

Conclusion : changing how we judge the judges.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781481303750

1481303759

9781602585270

160258527X

OCLC:

899007884