Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning

被引:0
|
作者
Anthony R. Reeves
机构
[1] Xavier University,Department of Philosophy
[2] Binghamton University,undefined
来源
Law and Philosophy | 2010年 / 29卷
关键词
Moral Obligation; Strict Liability; Judicial Decision; Political Legitimacy; Moral Requirement;
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摘要
Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.
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页码:159 / 187
页数:28
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