Date of Degree
Steven M. Cahn
Constitutional Law | Courts | Judges | Jurisprudence | Law and Economics | Law and Philosophy | Rule of Law | Supreme Court of the United States
judicial minimalism, jurisprudence, judicial interpretation
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.
Evans, Cory A., "A Philosophical Defense of Judicial Minimalism" (2018). CUNY Academic Works.
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