裁判官、司法、判決 Judges, Judging, and Judgment : Character, Wisdom, and Humility in a Polarized World

著者名：Oldfather, Chad M.

Cambridge University Press（2025/01/16発売）

• 言語：ENG
• ISBN：9781009354585
• eISBN：9781009354608

Description

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.

Table of Contents

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.