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A Philosophical Basis for Judicial Restraint

File(s)
Gold29_A_philosophical_model_for_judicial_restraint.pdf (99.33 KB)
Permanent Link(s)
https://hdl.handle.net/1813/74894
Collections
ILR Articles and Chapters
Author
Gold, Michael Evan
Abstract

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.

Date Issued
2019-01-01
Keywords
judicial lawmaking
•
moral philosophy
•
evidence
Rights
Required Publisher Statement: Copyright held by the author. Published by Howard University School of Law.
Type
article

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