Jump to ContentJump to Main Navigation
Limits of LegalityThe Ethics of Lawless Judging$
Users without a subscription are not able to see the full content.

Jeffrey Brand-Ballard

Print publication date: 2010

Print ISBN-13: 9780195342291

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780195342291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2019

The Judicial Oath

The Judicial Oath

Chapter:
(p.142) 9 The Judicial Oath
Source:
Limits of Legality
Author(s):

Jeffrey Brand-Ballard (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342291.003.0009

This chapter evaluates and rejects the claim that judges must adhere to the law in suboptimal-result cases because they swore a solemn oath of office to uphold the law. The relationship between oaths and promises is discussed. The basic point is that a promise to perform an otherwise immoral act does not give the promisor a reason to perform it. This principle is supported via examples and extended examination of current theories of promise keeping, including deflationary theories, consequentialist theories, free-rider theories, and reliance theories. It is suggested, however, that taking an oath may satisfy an INUS condition on acquiring judicial duties in realistic legal systems.

Keywords:   oaths, promises, immoral promises, consequentialism, free rider, fairness, reliance, INUS condition, T. M. Scanlon

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 .