Judicial opinions mask value judgments behind a surface of logical form.

Evidence

“The language of the judicial decision is mainly the language of logic… . Behind the logical form lies a judgment as to the relative worth and importance of competing legislative grounds, often an inarticulate and unconscious judgment, it is true, and yet the very root and nerve of the whole proceeding.” — G. Alan Tarr, Judicial Process and Judicial…, 1290

Categorization

• XREF: This is Cardozo — connects directly to ch50’s discussion of deductive reasoning versus Legal Realism’s claim that logic masks underlying choices. — connects to: Judges intuit case outcomes first and justify them in written opinions afterward. — G. Alan Tarr, Judicial Process and Judicial…, 1217; Court composition, public opinion, and justice attitudes explain the Bowers-to-Lawrence reversal. — G. Alan Tarr, Judicial Process and Judicial…, 1210; Hidden value judgments, not logic, drive key judicial decisions — G. Alan Tarr, Judicial Process and Judicial…, 2550 (+9 more)

Broader Connections

• Hidden value judgments, not logic, drive key judicial decisions #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2550
• Opinion arguments rationalize decisions rather than explain how they are reached. #expands (0.90) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 408
• Logic tests the validity of propositions after value judgments drive decisions #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 95
• Legal critique often masks a disagreement over underlying value judgments. #expands (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451
• Legal outcomes depend on variable choices and value judgments rather than absolutes. #corroborates (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 752
• Judges’ attitudes cannot be reliably inferred from opinion rhetoric #expands (0.75) — Richard A. Posner, What Has Pragmatism to Offer Law?, 120