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The indeterminacy of the rule of law: What shapes the ideas by which judges rule?

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The indeterminacy of the rule of law: What shapes the ideas by which judges rule? / May, Chris.
In: Global Discourse, Vol. 6, No. 1-2, 2016, p. 292-299.

Research output: Contribution to Journal/MagazineBook/Film/Article reviewpeer-review

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May C. The indeterminacy of the rule of law: What shapes the ideas by which judges rule? Global Discourse. 2016;6(1-2):292-299. Epub 2015 Jul 24. doi: 10.1080/23269995.2015.1067988

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May, Chris. / The indeterminacy of the rule of law : What shapes the ideas by which judges rule?. In: Global Discourse. 2016 ; Vol. 6, No. 1-2. pp. 292-299.

Bibtex

@article{6b39272f132149e9b1f1cf3aaf2dbfce,
title = "The indeterminacy of the rule of law: What shapes the ideas by which judges rule?",
abstract = "In this review of JasonWhitehead{\textquoteright}s new book Judging judges, I explore the four broad types of judicial grounds judges tend to adopt (in American courts, at least) when adjudicating cases, and the impact this might have on our understanding of the rule of law: formalism, good faith, cynicism, and rogue views. After briefly introducing the issue of adjudication and the rule of law, I conclude that Whitehead{\textquoteright}s interview grounded typology may be of great utility than merely the North American context of his empirical work might initially suggest. As such I argue that to understand the manner in which adjudication can support the rule of law, and how it might undermine it, we need to look at how judges are motivated to act, not merely examine their judgements, or the normal survey evidence.",
keywords = "Epistemic community, Judges, Legal socialization, Rule of law",
author = "Chris May",
year = "2016",
doi = "10.1080/23269995.2015.1067988",
language = "English",
volume = "6",
pages = "292--299",
journal = "Global Discourse",
issn = "2326-9995",
publisher = "Taylor and Francis Ltd.",
number = "1-2",

}

RIS

TY - JOUR

T1 - The indeterminacy of the rule of law

T2 - What shapes the ideas by which judges rule?

AU - May, Chris

PY - 2016

Y1 - 2016

N2 - In this review of JasonWhitehead’s new book Judging judges, I explore the four broad types of judicial grounds judges tend to adopt (in American courts, at least) when adjudicating cases, and the impact this might have on our understanding of the rule of law: formalism, good faith, cynicism, and rogue views. After briefly introducing the issue of adjudication and the rule of law, I conclude that Whitehead’s interview grounded typology may be of great utility than merely the North American context of his empirical work might initially suggest. As such I argue that to understand the manner in which adjudication can support the rule of law, and how it might undermine it, we need to look at how judges are motivated to act, not merely examine their judgements, or the normal survey evidence.

AB - In this review of JasonWhitehead’s new book Judging judges, I explore the four broad types of judicial grounds judges tend to adopt (in American courts, at least) when adjudicating cases, and the impact this might have on our understanding of the rule of law: formalism, good faith, cynicism, and rogue views. After briefly introducing the issue of adjudication and the rule of law, I conclude that Whitehead’s interview grounded typology may be of great utility than merely the North American context of his empirical work might initially suggest. As such I argue that to understand the manner in which adjudication can support the rule of law, and how it might undermine it, we need to look at how judges are motivated to act, not merely examine their judgements, or the normal survey evidence.

KW - Epistemic community

KW - Judges

KW - Legal socialization

KW - Rule of law

U2 - 10.1080/23269995.2015.1067988

DO - 10.1080/23269995.2015.1067988

M3 - Book/Film/Article review

AN - SCOPUS:85006371151

VL - 6

SP - 292

EP - 299

JO - Global Discourse

JF - Global Discourse

SN - 2326-9995

IS - 1-2

ER -