Chapter

Judicial Decisions and Opinions

Kent Greenawalt

in Private Consciences and Public Reasons

Published in print August 1995 | ISBN: 9780195094190
Published online October 2011 | e-ISBN: 9780199853021 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195094190.003.0013
Judicial Decisions and Opinions

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This chapter focuses on the theory surrounding judicial decision-making. The chapter concedes that if anyone is constrained in the reasons they should employ for decision and argument, it is judges. The restraint on judges is obvious in easy cases, where the existing law calls for straightforward answers; but it has been typically assumed that judges are substantially constrained even when the right result for a case is highly arguable. The chapter presents two challenges to the ideal decision-making theory in the legal profession: the “reality” challenge and the “desirability” challenge.

Keywords: desirability; reality; judicial decision-making; religion; morality; quasi-judicial determinations; comprehensive views

Chapter.  4636 words. 

Subjects: Social and Political Philosophy

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