Final published version
Research output: Contribution to Journal/Magazine › Book/Film/Article review › peer-review
Research output: Contribution to Journal/Magazine › Book/Film/Article review › peer-review
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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 -