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1 results

  • 7 - Specialization and Methodology as Partial Solutions

  • Chad M. Oldfather, Marquette University, Wisconsin
  • Book:
    Judges, Judging, and Judgment
    Published online:
    03 January 2025
    Print publication:
    16 January 2025, pp 145-173

  • 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.