The Objectivity of Judicial Decision-Making and Interpretation

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The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence…show more content…
This shows us that the idea that Dworkin has of moral principles playing a role in judicial decision-making and interpretation is correct to a large extent, and thus the use of subjectivity is accurate and apparent. I agree with Dworkin on this because this idea of subjective decision-making and interpretation is evident in the American Legal Realism theory where rules (or law) are seen as insufficient to cover all different types of cases. Even though the theory of American Legal Realism believes in the above idea, it still believes that some laws do, in fact, cover certain cases and scenarios which allows for the direct application of the law and thus an objective approach to judicial decision-making and interpretation. Through this, we see that both Dworkin and American Legal Realism identify the balancing act between objective and subjective judicial decision-making and interpretation. Yet, both the theories of American Legal Realism and Dworkin strongly affirm the idea of a subjective aspect always, or often, coming into play when judges take part in deciding cases and interpretation. Once again, through American Legal Realism, we see the idea of general rules being incapable of providing decisions in specific cases. The
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