JUDGING AS JUDGMENT
a lecture by
Bussey Professor of Law at Harvard Law School
THURSDAY, OCTOBER 4, 5:30PM
Jenner & Block, 353 N. Clark St.
Free and open to the public. Registration is required.Presented by the Lumen Christi Institute.Cosponsored by the Catholic Lawyers Guild of Chicago and Jenner & Block LLP.
5:00pm Registration & Refreshments
5:30pm Welcome & Introduction
5:35pm "Judging as Judgment"
6:20pm Audience Q&A
When a case is easy, judges can act like umpires. But when a case is hard, judges cannot simply apply the rules - they have to exercise judgment. We pretend that judges don’t make law in order to ensure that they are sufficiently responsive to social and political norms and to elected representatives. But contrary to popular belief, the rule of law does not require judges to refrain from judgment. What the rule of law requires is that judges give impartial reasons for their decisions. And judges can only do that if they attend carefully to the normative arguments on both sides of hard cases and give reasons that could or should be accepted by the losing side.