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2 - Indeterminacy and Ideology

Published online by Cambridge University Press:  03 January 2025

Chad M. Oldfather
Affiliation:
Marquette University, Wisconsin
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Summary

This chapter focuses on work exploring the influence of ideology on judicial decision-making. It explores the nature of indeterminacy as developed by the Legal Realists and the Critical Legal Studies movement, the latter of whom regarded judicial decision-making as thoroughly political. It then takes up work, conducted largely by political scientists, that imagines judges as political actors in the same way that legislators are, and surveys both refinements to and critiques of that work.

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Chapter
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Judges, Judging, and Judgment
Character, Wisdom, and Humility in a Polarized World
, pp. 31 - 40
Publisher: Cambridge University Press
Print publication year: 2025

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