• Summary
  • Contents
  • Subject index

Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars from the disciplines of law, political science, history, economics and sociology. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the conference.

Declarations of Independence: Judicial Reactions to Political Pressure
Declarations of independence: Judicial reactions to political pressure
Kim LaneScheppele

What does it mean for a judge to be independent? This chapter will address that question in two stages. First, I will look at the paradigmatic case in which judges have been deemed not to be independent—that is, when judges receive instruction in the specific case—and I will contrast it with the case when judges are generally thought to be behaving appropriately—that is, when they are following the rules laid down in the law. I will argue that the two are less different than they look, if judges take a basically positivist attitude toward law. If judges are under pressure to decide a particular case in a particular way, ...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles