JavaScript is disabled for your browser. Some features of this site may not work without it.
A Philosophical Basis for Judicial Restraint

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