Judging Judges: Values and the Rule of Law
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.
1118863598
Judging Judges: Values and the Rule of Law
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.
29.99 In Stock
Judging Judges: Values and the Rule of Law

Judging Judges: Values and the Rule of Law

by Jason E. Whitehead
Judging Judges: Values and the Rule of Law

Judging Judges: Values and the Rule of Law

by Jason E. Whitehead

eBook

$29.99  $49.95 Save 40% Current price is $29.99, Original price is $49.95. You Save 40%.

Available on Compatible NOOK devices, the free NOOK App and in My Digital Library.
WANT A NOOK?  Explore Now

Related collections and offers


Overview

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.

Product Details

ISBN-13: 9781481303750
Publisher: Baylor University Press
Publication date: 12/01/2014
Sold by: Barnes & Noble
Format: eBook
Pages: 253
File size: 2 MB

About the Author

Jason E. Whitehead is Associate Professor of Political Science and Director of the Legal Studies Program at California State University, Long Beach.

Table of Contents

Introduction: The Battle Over Judges and the Rule of Law 1. Values and the Rule of Law from the Inside Out 2. Judges and Formalist Values 3. Judges and Good-Faith Values 4. Judges and Cynical Values 5. Judges and Rogue Values Conclusion: Changing How We Judge the Judges

What People are Saying About This

John Brigham

Whitehead’s Judging Judges brings together those testy siblings, law and politics, in an insightful treatment of the core issues in law. It is passionate and careful, learned and savvy, and often very clever. Judging Judges is an accessible treatment of legal thinking that puts real people in the jurisprudential equation along with judges and lawyers.

Malcolm M. Feeley

Jason Whitehead offers a nuanced analysis of the constraints that are imposed by the judicial role and the relatively limited range of choices that are open to judges when they interpret the law. This book is a tour de force and a model of scholarship. It can be read profitably by judges, legal theorists, and political scientists, indeed by anyone who is intrigued by the complexity hidden in the seemingly simple question, 'What does it mean to apply rules?'

Lawrence Baum

Whitehead uses extensive interviews with appellate judges to delineate the ways that judges think about their task of interpreting the law. In doing so, he provides us with new insights and valuable evidence about the role of legal considerations in judicial decision-making.

From the B&N Reads Blog

Customer Reviews