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Injustice in Robes: Iniquity and Judicial Accountability*
Author(s) -
WACKS RAYMOND
Publication year - 2009
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.2008.00416.x
Subject(s) - injustice , positivism , accountability , economic justice , law , legal positivism , sociology , perception , resolution (logic) , political science , philosophy , epistemology , philosophy of law , public law , artificial intelligence , computer science
The paper addresses the question of judges' moral responsibility in an unjust society. How is the “moral” judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?