Heidi Hurd, ‘Giving Moral Meaning to the Law’

With every set of congressional hearings over a new nomination to the US Supreme Court, fresh debate ensues over the legitimate scope of judicial discretion. On one side are those who fear that the exercise of judicial discretion constitutes a direct challenge to democracy and the separation of powers, and who therefore believe that judges should be bound by a theory of legal interpretation that will police what they ominously describe as ‘judicial activism’. On the other side are those who believe that the job of a judge is to judge – that is, to resolve interpretive questions in ways that are responsive to what will best achieve justice given all morally relevant considerations …

Heidi M Hurd, Giving Moral Meaning to the Law, Statute Law Review, Volume 40, Issue 1, 16 February 2019, Pages 64–74, https://doi.org/10.1093/slr/hmy032.

First posted 2019-02-20 07:16:02

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