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
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: Suggested Citation