Limits of Legality: The Ethics of Lawless Judging

Limits of Legality: The Ethics of Lawless Judging

Limits of Legality: The Ethics of Lawless Judging

Limits of Legality: The Ethics of Lawless Judging

Synopsis

Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combing ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others.
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