Submitted by Jacqueline Laing on Tue, 2011-04-26 21:41
|Title||Injustice in Robes: Iniquity and Judicial Accountability |
|Publication Type||Journal Article |
|Year of Publication||2009 |
|Authors||Wacks, R |
|Journal||Ratio 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?