OF JUDGES AND SCHOLARS: REFLECTIONS IN A CENTENNIAL YEAR
AbstractIn light of a litany of complaints regarding the Supreme Court’s performance, this article attempts to establish a direct link between the nation’s philosophy of law, embodied in academic writing, and the character of its judicial decision-making. It reviews the case law that recognizes the Court’s ability to take account of social facts to justify altering the legal landscape when a purely analytical application of the principles would produce injustice. The author urges scholars to step up and offer new analyses worthy of consideration by the judiciary when such an opportunity arises. He argues that legal theory must go beyond the logic of legal rules to examine the true nature of the limits and scope of judicial roles, and suggests the best method of improving the level of analysis is to adopt a realistic view of that role, and encourage academic consideration of the topic.
Keywords:Courts, Judges, Supreme Court
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