Judges, Judging, and Judgment
Character, Wisdom, and Humility in a Polarized World

This interdisciplinary book examines judicial constraints in today's polarized world and emphasizes the importance of character.

Chad M. Oldfather (Author)

9781009354585, Cambridge University Press

Hardback, published 16 January 2025

222 pages
22.9 x 15.2 x 1.4 cm, 0.476 kg

'This timely study of judges and judging is a worthy answer to Herbert Wechsler's call for neutral principles of constitutional law. Oldfather ably demonstrates that there are no neutral methods for interpreting the law. … Highly recommended.' L. D. Woods, CHOICE

In Judges, Judging, and Judgment, Chad M. Oldfather offers an accessible, interdisciplinary account of the constraints and pressures on judges in our polarized world. Drawing on law, political science, psychology, and philosophy, Oldfather examines how these constraints have changed over time and the interpretive methodologies that have gained traction in response. The book emphasizes the inescapable need for judges to exercise judgment and highlights the value of selecting judges who possess good judgment and character. The book builds on prior work that emphasizes the importance of judicial character, specifically practical wisdom, and intellectual humility. The work underscores the need to foster a legal culture that values and rewards judges of character. Judges, Judging, and Judgment is a valuable resource for academics, students, lawyers, judges, and anyone else interested in the legal system's inner workings.

Introduction
1. The Standard Model of Judging
2. Indeterminacy and Ideology
3. The Psychology of Judging
4. Internal Constraints on Judicial Behavior
5. External Constraints on Judicial Behavior
6. The Importance (and Erosion) of Norms
7. Specialization and Methodology as Partial Solutions
8. Character, Wisdom, and Humility
Conclusion.

Subject Areas: Jurisprudence & general issues [LA]