Policy, Principle, or Values: An Exploration of Judicial Decision-Making

24 Pages Posted: 11 Jul 2019 Last revised: 17 Jul 2019

Date Written: July 11, 2019

Abstract

The law, as Jerome Frank pointed out over 60 years ago, “is not a machine and the judges [are] not machine-tenders.” It is dealing with “human relations in their most complicated aspects. The whole confused, shifting helter-skelter of life parades before it.” Society often calls upon judges to find answers to questions never posed before, to balance a complex array of needs and interests, and to ensure that their answers fit within a recognized legal framework. This challenge is particularly evident in the rapidly changing landscape of medical law.

Keywords: Judicial Decision Making

JEL Classification: K1

Suggested Citation

Cahill‐O'Callaghan, Rachel J. and Richards, Bernadette, Policy, Principle, or Values: An Exploration of Judicial Decision-Making (July 11, 2019). R.J. Cahill-O’Callaghan and B.J. Richards, Policy, Principle, or Values: An Exploration of Judicial Decision-Making, 79 La. L. Rev. (2019) ; U. of Adelaide Law Research Paper No. 2019-92. Available at SSRN: https://ssrn.com/abstract=3418082

Rachel J. Cahill‐O'Callaghan

Cardiff University

No Address Available

Bernadette Richards (Contact Author)

University of Adelaide - School of Law ( email )

Adelaide, South Australia 5005
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
6
Abstract Views
24
PlumX Metrics