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Article
A Philosophical Basis for Judicial Restraint
Articles and Chapters
  • Michael Evan Gold, Cornell University
Publication Date
1-1-2019
Abstract

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.

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Required Publisher Statement
Copyright held by the author. Published by Howard University School of Law.

Suggested Citation
Gold, M. E. (2019). A philosophical basis for judicial restraint [Electronic version]. Howard Law Journal, 62(2), 481-510.

Citation Information
Michael Evan Gold. "A Philosophical Basis for Judicial Restraint" (2019)
Available at: http://works.bepress.com/michael_gold/22/