A Minority Opinion?


in Proceedings of the British Academy, Volume 154, 2007 Lectures

Published by British Academy

Published in print December 2008 | ISBN: 9780197264355
Published online February 2012 | e-ISBN: 9780191734052 | DOI:

Series: Proceedings of the British Academy

A Minority Opinion?

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This lecture presents the text of the speech about judges and the traditionalist view of judging delivered by the author at the 2007 Maccabaean Lecture in Jurisprudence held at the British Academy. It highlights the difficulty of finding the elusive boundary between legitimate judicial developments of the law on the one hand and impermissible judicial legislation on the other. The lecture also suggests that a decision should be predictable on the basis of precedent and legal principle, but not on the basis of the judge's personality or philosophy.

Keywords: judges; judicial development; judicial legislation; legal principles; legal precedents; Maccabaean Lecture; British Academy

Chapter.  8533 words. 

Subjects: Social and Cultural History

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