4 - Internal Constraints on Judicial Behavior

Summary

This chapter examines ways in which longstanding features of the legal system serve to counteract the forces outlined in Chapters 2 and 3 and thereby minimize the influence of improper factors on judicial behavior. It considers the adversarial process, the doctrine of precedent (or stare decisis), and the practice of justifying decisions via written opinions, and examines the ways in which the nature of each – and thus its effectiveness in channeling judges – has decreased. It further explores changes in the practice of law and in the culture more generally, including automation, that have altered the manner and depth in which lawyers and judges engage with the law.