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Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence?, Gerald R. Ferrera, Mystica M. Alexander

Jonathan J. Darrow

Judicial reasoning found in appellate court decisions creates the substantive law relied upon to formulate policy in the private and public sector. Inevitably some will be adamantly opposed to the decisions and will participate in public debate to formulate change. This paper argues that judicial reasoning is based on a judicial philosophy supported by a theory that, once recognized and understood, enables a greater appreciation of judges’ decisions. A number of prominent judicial philosophers are identified and their philosophy is explained using current landmark cases. The final part of the paper uses the United States Supreme Court decision of Ricci …