Dissertations, Theses, and Capstone Projects
Date of Degree
5-2018
Document Type
Dissertation
Degree Name
Ph.D.
Program
Philosophy
Advisor
Steven M. Cahn
Committee Members
Barbara Montero
Douglas Lackey
Subject Categories
Constitutional Law | Courts | Judges | Jurisprudence | Law and Economics | Law and Philosophy | Rule of Law | Supreme Court of the United States
Keywords
judicial minimalism, jurisprudence, judicial interpretation
Abstract
This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.
Recommended Citation
Evans, Cory A., "A Philosophical Defense of Judicial Minimalism" (2018). CUNY Academic Works.
https://academicworks.cuny.edu/gc_etds/2735
Included in
Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Law and Economics Commons, Law and Philosophy Commons, Rule of Law Commons, Supreme Court of the United States Commons