The Implications of Jurisprudential Theories for Judicial Election, Selection, and Accountability
46 Pages Posted: 5 Jul 2011
Date Written: 1987
Abstract
To establish the implications, if any, of jurisprudential theories for the election, selection, and accountability of judges, we need to establish links between typical answers to questions of legal theories presented by various theories of law, and criteria for choosing judges and for holding them accountable.
But when we read the literature on these two topics we find that legal theories never address explicitly the question of choice and accountability of judges, and that discussions concerning these questions are not usually linked to any particular theory of law. Thus, the temptation is great to say that there are no such implications.
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