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Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk
Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk
Dalhousie Law Journal
This paper is a study of the judicial mind of Sir William R. Meredith, especially his beliefs about the common law and statutes. I offer it as a tribute to John Willis, with respect for his humane and restless mind, and with gratitude for all that he taught me. I am especially grateful for so many long talks on Sundays, when I had just begun to teach and he had been acknowledged for decades to be a great teacher, and we were both worried about Monday's classes. I discovered only slowly how much I learned listening to him struggling to …