Injustice in Robes: Iniquity and Judicial Accountability

TitleInjustice in Robes: Iniquity and Judicial Accountability
Publication TypeJournal Article
Year of Publication2009
AuthorsWacks, R
JournalRatio Juris

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?