Book contents
- Judges, Judging, and Judgment
- Judges, Judging, and Judgment
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Standard Model of Judging
- 2 Indeterminacy and Ideology
- 3 The Psychology of Judging
- 4 Internal Constraints on Judicial Behavior
- 5 External Constraints on Judicial Behavior
- 6 The Importance (and Erosion) of Norms
- 7 Specialization and Methodology as Partial Solutions
- 8 Character, Wisdom, and Humility
- Conclusion
- Index
7 - Specialization and Methodology as Partial Solutions
Published online by Cambridge University Press: 03 January 2025
Book contents
- Judges, Judging, and Judgment
- Judges, Judging, and Judgment
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Standard Model of Judging
- 2 Indeterminacy and Ideology
- 3 The Psychology of Judging
- 4 Internal Constraints on Judicial Behavior
- 5 External Constraints on Judicial Behavior
- 6 The Importance (and Erosion) of Norms
- 7 Specialization and Methodology as Partial Solutions
- 8 Character, Wisdom, and Humility
- Conclusion
- Index
Summary
This chapter focuses on additional mechanisms for channeling judicial behavior that can be regarded as products of the developments surveyed in the Chapters 4, 5, and 6. One is judicial specialization. The other is the rise of algorithmic-seeming interpretive methodologies, specifically textualism and originalism. The chapter critiques the methods and emphasizes that, despite some proponents’ efforts to portray them otherwise, neither succeeds at eliminating judgment from its central role in judging.
- Type
- Chapter
- Information
- Judges, Judging, and JudgmentCharacter, Wisdom, and Humility in a Polarized World, pp. 145 - 173Publisher: Cambridge University PressPrint publication year: 2025