Nagel and Strategies for Judicial Candour

Australian Review of Public Affairs, March 20, 2006

6 Pages Posted: 13 Mar 2008

See all articles by Yane Svetiev

Yane Svetiev

European University Institute - Department of Law (LAW); Bocconi University - Department of Law

Abstract

This contribution reviews Nagel's book of collected essays Concealment and Exposure. Picking up some of the themes raised in Nagel's essays, the review asks the question: What kind of candour is appropriate and legitimate in judicial reasoning? The increasing complexity of relationships, and consequently of legal problems, counsels against imperialist conceptions of the judiciary as the likely source of solutions to pressing social or economic problems. But the appropriate response by the judiciary need not be a formalist concealment of the choices judges exercise in deciding cases that come before them.

Keywords: Judges, Reason-giving, Forms of justification

Suggested Citation

Svetiev, Yane and Svetiev, Yane, Nagel and Strategies for Judicial Candour. Australian Review of Public Affairs, March 20, 2006, Available at SSRN: https://ssrn.com/abstract=1105440

Yane Svetiev (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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