Common Law Judging : Subjectivity, Impartiality, and the Making of Law / Douglas Edlin.

Format:

Book

Author/Creator:

Edlin, Douglas, author.

Language:

English

Subjects (All):

Political science.

Genre:

Electronic books.

Physical Description:

1 online resource

Other Title:

Knowledge Unlatched.

Place of Publication:

[Place of publication not identified] : University of Michigan Press, 2016.

System Details:

text file

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.

Notes:

Description based on print version record.

Local Notes:

KU Select 2019: HSS Backlist Books

BiblioBoard internal publisher id: 104001

ISBN:

9780472902347

Publisher Number:

https://doi.org/10.3998/mpub.3783964

Access Restriction:

Open Access Unrestricted online access