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.
General
Imprint: |
Baylor University Press
|
Country of origin: |
United States |
Release date: |
December 2014 |
First published: |
December 2014 |
Authors: |
Jason E. Whitehead
|
Dimensions: |
228 x 152 x 27mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
253 |
ISBN-13: |
978-1-60258-525-6 |
Categories: |
Books
|
LSN: |
1-60258-525-3 |
Barcode: |
9781602585256 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!