The Rationality of Judging and Judges
A draft article that rejects the perdurable preoccupation with the indeterminacy of judicial decision making in philosophy of law and defends the rationality of judging and judges with the more expansive conception of non-formal reason. Legal philosophers and academics have not been impressed by this piece, which brings nonformal reason to law in the manner in which two recent publications bring nonformal reason to bioethics. It needs to be revised, so criticisms and suggestions for improvement would be most appreciated, along with direction to possible venues for publication.
Barry Hoffmaster. "The Rationality of Judging and Judges" 2012
Available at: http://works.bepress.com/barryhoffmaster/40