Subverting the Rule of Law: The Judiciary's Role in Fostering Unethical Behavior
University of Akron - School of Law
University of Colorado Law Review, Vol. 75, p. 115, 2004
This article examines research in the field of social psychology indicating that individuals lack well-defined character traits. Unethical behavior therefore stems from situational factors, not individual personality. The judiciary's move toward strict statutory interpretation is unintentionally eliminating a key situational constraint on unethical behavior. Heightened levels of unethical activity, such as corporate tax avoidance, weaken the public's faith in the legal system and harm the Rule of Law. The increasing popularity of Justice Scalia's brand of strict statutory interpretation is undermining the Rule of Law, rather than promoting it as Justice Scalia claims. To effectively combat corporate tax shelters, judicial attitudes toward strict interpretation must change.
Number of Pages in PDF File: 87
Keywords: Rule of Law, statutory interpretation, scalia, tax shelter, social psychology
JEL Classification: H26, H30, K34, K42
Date posted: December 6, 2005