How should a judge make decision philosophy essay
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Judicial philosophy is the set of ideas that inform how justices and judges rule in cases. Judicial philosophies can be based on many different elements. They may be based on theories of constitutional inter pretation, views about the place of courts in a democratic republic, or notions about the role of precedent and what the words of the Constitution meant at its founding. Political science scholarship, however, has called into question whether such philosophies are explanatory of judicial decision making. Justices also may alternatively base their decisions on their opinions or attitudes about public policy. For this reason, justices usually are labeled as conservative, liberal, or moderate, the same labels that are applied to other political actors.
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Essay: Ethical Decision Making Process
Interpretation and Coherence in Legal Reasoning (Stanford Encyclopedia of Philosophy)
Making judgments about whether a person is morally responsible for her behavior, and holding others and ourselves responsible for actions and the consequences of actions, is a fundamental and familiar part of our moral practices and our interpersonal relationships. The judgment that a person is morally responsible for her behavior involves—at least to a first approximation—attributing certain powers and capacities to that person, and viewing her behavior as arising in the right way from the fact that the person has, and has exercised, these powers and capacities. Whatever the correct account of the powers and capacities at issue and canvassing different accounts is the task of this entry , their possession qualifies an agent as morally responsible in a general sense: that is, as one who may be morally responsible for particular exercises of agency. Normal adult human beings may possess the powers and capacities in question, and non-human animals, very young children, and those suffering from severe developmental disabilities or dementia to give a few examples are generally taken to lack them.
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The subject of legal reasoning appears to occupy the more practical end of the spectrum of jurisprudential theorising. The recent history of legal philosophy abounds with many and various attempts to address these issues and others which have been viewed as falling within the ambit of legal reasoning. Is legal reasoning an activity which is exclusive to the adjudicative institutions of legal systems or is any reasoning about the law to be regarded as legal reasoning, no matter where or by whom it is undertaken? Does legal reasoning take on a special character when it is undertaken in courts and by judges?
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists believe that judges reach their decisions by applying uncontroversial principles to the facts. Although the numerous decided cases imply numerous principles, formalists believe that there is an underlying logic to these principles that is straightforward and which legal experts can readily discover. The ultimate goal of formalism would be to formalise the underlying principles in a single and determinate system that could be applied mechanically hence the label 'mechanical jurisprudence'.
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