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Courting Peril - The Political Transformation of the American Judiciary (Hardcover)
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Courting Peril - The Political Transformation of the American Judiciary (Hardcover)
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The rule of law paradigm has long operated on the premise that
independent judges disregard extralegal influences and impartially
uphold the law. A political transformation several generations in
the making, however, has imperiled this premise. Social science
learning, the lessons of which have been widely internalized by
court critics and the general public, has shown that judicial
decision-making is subject to ideological and other extralegal
influences. In recent decades, challenges to the assumptions
underlying the rule of law paradigm have proliferated across a
growing array of venues, as critics agitate for greater political
control of judges and courts. With the future of the rule of law
paradigm in jeopardy, this book proposes a new way of looking at
how the role of the American judiciary should be conceptualized and
regulated. This new, "legal culture paradigm" defends the need for
an independent judiciary that is acculturated to take law seriously
but is subject to political and other extralegal influences. The
book argues that these extralegal influences cannot be eliminated
but can be managed, by balancing the needs for judicial
independence and accountability across competing perspectives, to
the end of enabling judges to follow the "law" (less rigidly
conceived), respect established legal process, and administer
justice.
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