The Corner

Larry Solum On Judicial Philosophy

A truly excellent post today by Larry Solum on the <a

href=”http://lsolum.blogspot.com/2003_11_01_lsolum_archive.html#10687404

3430578154″>Legal Theory Blog. Here is how it ends:

What happens when we complete the conceptual reorientation

and see judging as a mere extension of ordinary politics? Nothing good.

The bottom of a downward spiral of politicization is a thoroughly

politicized judiciary. We know what that looks like. It exists in odd

corners of the United States, where lawyers know that winning even in a

run of the mill tort case is almost entirely a function of how much you

have contributed to the local political machine. A thouroughly

politicized judiciary is the norm in much of the third world, and the

result is that the transparency required for well-functioning markets

cannot be achieved–at enormous costs in human welfare. In a thoroughly

politicized judiciary, every case is a patronage opportunity or a chance

to score political points.

Tom Daschle watched The Bachelor last night. But did he sleep

peacefully, his dreams untroubled by the damage that both parties have

done to the rule of law? I hope not.

You really need to read

this one from the beginning.

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