Legal training and role orientation partially neutralize judges’ personal beliefs

Evidence

Nevertheless, judges are members of the legal profession, and their beliefs have been formed by their legal training. They therefore recognize an obligation not to read their own beliefs into the law. Indeed, their understanding of their responsibilities as judges—their role orientation—encourages them to guard against it. Even though judges’ efforts to banish personal views from their decisions are unlikely to be fully effective, they do have some effect. Thus, in the words of Justice Felix Frankfurter: … The judicial process demands that a judge move within the framework of relevant legal rules and the covenanted modes of thought for ascertaining them. He must think dispassionately and submerge personal feeling on every aspect of a case. There is a good deal of shallow talk that the judicial robe does not change the man within it. It does. The fact is that on the whole judges do lay aside private views in discharging their judicial functions. This is achieved through training, professional habits, self-discipline, and that fortunate alchemy by which men are loyal to the obligations with which they are entrusted. — G. Alan Tarr, Judicial Process and Judicial…, 1366

Nevertheless, judges are members of the legal profession, and their beliefs have been formed by their legal training. They therefore recognize an obligation not to read their own beliefs into the law. Indeed, their understanding of their responsibilities as judges—their role orientation—encourages them to guard against it. Even though judges’ efforts to banish personal views from their decisions are unlikely to be fully effective, they do have some effect. — G. Alan Tarr, Judicial Process and Judicial…, 2651

Categorization

• XREF: Pays off the ch. 12-13 findings that role beliefs and legal training partially neutralize judges’ personal views. — connects to: Judicial decisions blend clear-law obedience with attitude-driven choice in ambiguous cases — G. Alan Tarr, Judicial Process and Judicial…, 1365; The legal perspective holds law as the primary determinant of judicial decisions — G. Alan Tarr, Judicial Process and Judicial…, 1360; Party affiliation reliably predicts how state court judges decide cases — G. Alan Tarr, Judicial Process and Judicial…, 432 (+12 more)
• corroborated: 3 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 1366; G. Alan Tarr, Judicial Process and Judicial…, 2651

Broader Connections

• Judges’ role beliefs are socialized through professional training and practice #corroborates (0.92)
• Judges’ personal attributes and even trivial bodily states can shape decisions #qualifies (0.78)
• Judges rely on personal values when competing legal principles are evenly balanced #qualifies (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 156