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Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander Apr 2011

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

Richmond Public Interest Law Review

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.


Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill Jan 2011

Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill

West Virginia Law Review

A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains that a judge's political ideology can be used to predict how a judge will decide certain cases; other factors, such as the judge's judicial philosophy, tend to be unimportant. Under this theory, two judges with the same political ideology, but different judicial philosophies, should virtually always vote the same way in cases with pre­dicted ideological outcomes. This manuscript tests the attitudinal model by examin­ing opinions by two judges with very similar political ideologies but different judicial philosophies: Judge Michael Luttig and Judge Harvie Wilkinson …


Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander Jan 2011

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

Richmond Journal of Law and the Public Interest

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.