Nagel and Strategies for Judicial Candour
Australian Review of Public Affairs, March 20, 2006
6 Pages Posted: 13 Mar 2008
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
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