Inconsistency , Indeterminacy , and Error in Adjudication

  • Joshua B. Fischman
  • Published 2011
For much of the last century, scholars have debated whether, and to what extent, law constrains judicial decisions. Rule skeptics—including many legal realists, critical legal scholars, and political scientists—have argued that legal rules are seldom determinate and that judges have substantial discretion to decide cases according to extralegal criteria… (More)