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Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden
Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
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Arguing With Friends, William Baude, Ryan D. Doerfler
Arguing With Friends, William Baude, Ryan D. Doerfler
All Faculty Scholarship
It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.
Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or interpretive …