Judicial Humility in an Age of Certitude

Abstract

In a contentious and polarized culture, the question of humility in judging takes on a special importance. A proper judicial humility is an indispensable element of the ultimate value of practical wisdom in adjudication. Such humility need not imply, and is in fact incompatible with, judicial timidity, judicial self-effacement, and unjustified deference to prior judicial decisions or to the judgments of other legal actors. Reciprocally, though, a proper judicial humility must in its turn be informed and steered by independent elements of all-things-considered practical wisdom in judging. There may be no shortcuts to a proper judicial humility, or to persuading judges of its indispensability. But this does not make a proper judicial humility and the continuing pursuit thereof any less vital.

Keywords: humility, deference, wisdom

JEL Classification: K10, K30, K40