Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility
and Judicial-Reasoning |
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Authors: | Anthony R Reeves |
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Institution: | (1) Centre for Professional Ethics, Keele University, Keele, ST5 5BG, UK |
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Abstract: | Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there
is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the
obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of
these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of
responsible judicial reasoning. |
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Keywords: | |
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