Judging in Good Faith

This book offers an original theory of adjudication focused on the ethics of judging in courts of law.

Steven J. Burton (Author)

9780521477406, Cambridge University Press

Paperback, published 25 November 1994

292 pages
22.7 x 15 x 2 cm, 0.393 kg

"Judging in Good Faith is the Old Man and The Sea of jurisprudential literature. Burton's clear, unadorned prose is readily accessible to nonspecialists. If for no other reason than this, the book would be a worthwhile contribution to the literature. Happily, the book manifests numerous other virtues." Raymond A. Belliotti, International Studies in Philosophy

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.

Part I: The Good Faith Thesis: 1. Stubborn indeterminacy
2. The good faith thesis
3. An illustrative case and first objections
Part II. The Permissible Discretion Thesis: 4. Science and skepticism. 5. Critical claims
6. Philosophies of law
Part III. Law, Morals and Politics: 7. Legal and moral duties
8. The politics of good faith
Index.

Subject Areas: Jurisprudence & philosophy of law [LAB], Social & political philosophy [HPS]