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9 - Interpreting Law

The Courts

Published online by Cambridge University Press:  30 November 2023

Stephen M. Maurer
Affiliation:
University of California, Berkeley
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Summary

This chapter begins by arguing that rule of law exists in the probabilistic sense that dispassionate judges often reach similar legal conclusions for reasons that appear to be universal across humans. Well-designed legal systems amplify these probabilities so that majority opinion quickly hardens into clear rules. Still, the question remains why judges should elevate rule of law above their own personal preferences. The answer seems to be that the legal communities they serve value and reward predictable outcomes. Still, the strength of this incentive varies from one era to the next, and is almost always weaker in highly polarized eras. Politicians threats to pack or otherwise hamstring the Court can compromise its rulings. Despite this, the Court remains an indispensable check on Congress, the Executive Branch and, through the antitrust laws, private power.

Type
Chapter
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We Hold These Truths
Updating the Framers' Vision of American Democracy
, pp. 297 - 320
Publisher: Cambridge University Press
Print publication year: 2023

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  • Interpreting Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.011
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Interpreting Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Interpreting Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.011
Available formats
×