All Judges Are Political-Except When They Are Not: Acceptable

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All Judges Are Political-Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (The Cultural Lives of Law)

We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

Country USA
Author Keith Bybee
Binding Kindle Edition
EISBN 9780804775618
Format Kindle eBook
Label Stanford University Press
Manufacturer Stanford University Press
NumberOfPages 191
PublicationDate 2010-08-25
Publisher Stanford University Press
ReleaseDate 2010-08-25
Studio Stanford University Press

Country	USA
Author	Keith Bybee
Binding	Kindle Edition
EISBN	9780804775618
Format	Kindle eBook
Label	Stanford University Press
Manufacturer	Stanford University Press
NumberOfPages	191
PublicationDate	2010-08-25
Publisher	Stanford University Press
ReleaseDate	2010-08-25
Studio	Stanford University Press

All Judges Are Political-Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (The Cultural Lives of Law)

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