Author(s)
Wells, Catharine P.Keywords
judicial detachmentpragmatism
pragmatic legal theory
judicial engagement
spectator judging
situated judging
situated and nonsituated decision-making
legal rationality
legal deliberation
Courts
Judges
Jurisprudence
Law and Society
Legal Analysis and Writing
Legal Profession
Legislation
Politics
Practice and Procedure
Professional Ethics
Courts
Judges
Jurisprudence
Law and Politics
Law and Society
Legal Ethics and Professional Responsibility
Legal Writing and Research
Legislation
Litigation
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http://lawdigitalcommons.bc.edu/lsfp/102http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1103&context=lsfp
Abstract
The purpose of this Article is to examine the concerns that surround situated judging and the central questions to which they give rise: How can a situated judge render a just decision? On its face, the question appears to be both decisive and unanswerable. Upon deeper examination, however, we can see that the question relies upon a doubtful set of presuppositions about situated decision-making. In the course of this Article, the author seeks to defend the pragmatic analysis of legal decision-making by casting doubt upon these assumptions. Part II develops two contrasting models of normative decision-making that represent the purported distinction between situated and nonsituated decision-making. In Part III, the author argues that these two models do not represent two alternative decision-making procedures. Instead, the author suggests that they describe two interdependent and indispensable parts of any decision-making process. Finally, the author concludes that the pragmatic espousal of situated decision-making can be understood, not as a rejection of rationally structured decision-making procedures, but rather as an elucidation and appreciation of the contextual elements of all forms of deliberation.Date
1990-01-01Type
textIdentifier
oai:lawdigitalcommons.bc.edu:lsfp-1103http://lawdigitalcommons.bc.edu/lsfp/102
http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1103&context=lsfp
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