Jump to ContentJump to Main Navigation
Courting PerilThe Political Transformation of the American Judiciary$
Users without a subscription are not able to see the full content.

Charles Gardner Geyh

Print publication date: 2016

Print ISBN-13: 9780190233495

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780190233495.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 February 2020

The Legal Culture Paradigm

The Legal Culture Paradigm

Chapter:
(p.76) Chapter 5 The Legal Culture Paradigm
Source:
Courting Peril
Author(s):

Charles Gardner Geyh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190233495.003.0005

Chapter 5 revisits the ailing rule of law paradigm and proposes, in its stead, a new “legal culture” paradigm, which rests on a different set of assumptions that comport more closely with the traditional understandings of the judicial role summarized in Chapter 4. This new paradigm posits that judges are immersed in a legal culture that values law, process, and justice—values that independence promotes by insulating judges from external pressures that could undermine their commitment to the norms of the legal culture. Yet, because judges are also subject to internal influences in tension with the values of the legal culture, independence must be tempered by a measure of accountability, the appropriate limits of which vary by dimension: an adjudicative dimension that seeks fair hearings for litigants; a political dimension that seeks public confidence in the courts; and an ethical dimension that seeks good judges who respect their roles.

Keywords:   rule of law, legal culture, judicial independence, judicial accountability, judicial role

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .