Objectivity in the Law

Abstract

Scholarly criticism of judicial decision-making has been abundant and wide-ranging over the past ten years.It has included charges of judicial usurpation and complaints about the quality of judicial opinions.It has brought the objectivity of the courts into question.While the Supreme Court has attracted the largest volume of criticism, state courts, 2 and even lower federal courts, 3 have been embroiled in similar controversy.But scholars have found it easier to detect errors than to suggest alternative courses of action.Professor Henry Hart, for example, was unable to do much more than remind the legal profession that "reason is the life of the law." 4 Similarly, Professor Wechsler has urged a search for "neutral principles" for the adjudication of cont

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