Date of Degree

5-2018

Document Type

Dissertation

Degree Name

Ph.D.

Program

Philosophy

Advisor(s)

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.

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