Norms of proper judicial conduct vary across courts and over time

Evidence

Although role orientations affect judicial decisions, their exact impact is difficult to determine. There is no consensus about what constitutes proper judicial behavior. Rather, the norms of appropriate conduct vary somewhat from court to court and within courts over time. The practice of filing dissenting opinions provides one example. The norms of judicial behavior on some courts discourage public expressions of dissent, whereas on other courts judges are free to dissent whenever they disagree with the court majority. And whereas divisions among the justices were once frowned upon on the U.S. Supreme Court, today concurring and dissenting opinions are filed in many cases, and justices often file opinions agreeing with part but not all of the opinion of the Court. — G. Alan Tarr, Judicial Process and Judicial…, 2610

There is no consensus about what constitutes proper judicial behavior. Rather, the norms of appropriate conduct vary somewhat from court to court and within courts over time. The practice of filing dissenting opinions provides one example. The norms of judicial behavior on some courts discourage public expressions of dissent, whereas on other courts judges are free to dissent whenever they disagree with the court majority. — G. Alan Tarr, Judicial Process and Judicial…, 2610

Categorization

• XREF: Dissenting-opinion norms connect to the course’s treatment of judicial opinion practice and the institutional role of dissent. — connects to: Judicial decisions result from attitudes, role conceptions, and institutional constraints interacting together. — G. Alan Tarr, Judicial Process and Judicial…, 1286; Judicial restraint and activism are philosophies that define legitimate judicial action — G. Alan Tarr, Judicial Process and Judicial…, 1333; Judicial discretion is constrained but never wholly eliminated. — G. Alan Tarr, Judicial Process and Judicial…, 198 (+6 more)
• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 2610

Broader Connections

• A complete account of judging combines legal rules with attitude-influenced discretion #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2649
• Conforming to prejudicial norms is as automatic as other social conventions #exemplifies (0.75)
• Fixed moral universals regulate and restrain changeable legal norms #contradicts (0.72) — Wael Hallaq, Restating Orientalism, 658