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Articles 1 - 2 of 2
Full-Text Articles in Law
Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira
Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira
IUSTITIA
In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
IUSTITIA
The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …