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Good Judgment Robert Sharpe

Good Judgment By Robert Sharpe

Good Judgment by Robert Sharpe


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Summary

The central theme of the book is an explanation and reconciliation of two fundamental features of judging: the law leaves room for judicial choice but the law also imposes discipline on those choices.

Good Judgment Summary

Good Judgment: Making Judicial Decisions by Robert Sharpe

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Good Judgment Reviews

Good Judgment: Making Judicial Decisions, by the Canadian jurist and legal academic Robert J. Sharpe, represents a refreshing and deeply thoughtful departure from binary arguments about how and why judges make decisions. -- U.S. District Judge Jeremy Fogel * Law 360, August 31, 2018 *

About Robert Sharpe

Robert J. Sharpe is judge of the Court of Appeal for Ontario. He taught at the Faculty of Law, University of Toronto from 1976 to 1988 and served under Chief Justice Brian Dickson as Executive Legal Officer at the Supreme Court of Canada from 1988 to 1990.

Table of Contents

1. Introduction 2. A Judge's Work 3. Is the Law Uncertain? 4. Do Judges Make Law? 5. Rules, Principles and Policies 6. Disciplined Judicial Decision-Making 7. Working with Precedent 8. Authority: What Counts? 9. Judicial Decision Making: A Case Study 10. Standard of Review and Discretion 11. Role of the Judge in a Constitutional Democracy 12. A Judicial State of Mind

Additional information

NLS9781487522438
9781487522438
1487522436
Good Judgment: Making Judicial Decisions by Robert Sharpe
New
Paperback
University of Toronto Press
2018-08-21
352
Short-listed for Walter Owen Book Prize awarded by The Canadian Foundation for Legal Research 2019 (Canada)
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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