Judges rely on personal values when competing legal principles are evenly balanced
Evidence
It is here when the judge makes a value judgment. At these times, the jural philosophy of the individual judge comes into play, consciously or otherwise, by means of a value judgment that places a greater weight on one competing principle than another. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 156
Categorization
- DEFINE: XREF names what this plausibly connects to; SEED sketches the article/essay angle.
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 156
- XREF: connects to: Judicial decisions are governed by beliefs about facts and rules — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160; Judging requires selecting relevant facts and evaluating relative values — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 165; Legal critique often masks a disagreement over underlying value judgments. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451 (+19 more)
Broader Connections
- Judging requires selecting relevant facts and evaluating relative values
#expands(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 165 - Judicial decisions are governed by beliefs about facts and rules
#qualifies(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160 - Legal critique often masks a disagreement over underlying value judgments.
#corroborates(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451 - Legal reasoning reduces to the judge drawing distinctions and the lawyer predicting them
#complicates(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1301 - Legal systems rest on customary social rules rather than moral foundations
#complicates(0.65) — HLA Hart, The Concept of Law (Clarendon Law…, 56 - Courts have the essential duty to interpret conflicting laws and constitutions
#expands(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 481