Book contents
- Judges, Judging, and Judgment
- Judges, Judging, and Judgment
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Standard Model of Judging
- 2 Indeterminacy and Ideology
- 3 The Psychology of Judging
- 4 Internal Constraints on Judicial Behavior
- 5 External Constraints on Judicial Behavior
- 6 The Importance (and Erosion) of Norms
- 7 Specialization and Methodology as Partial Solutions
- 8 Character, Wisdom, and Humility
- Conclusion
- Index
6 - The Importance (and Erosion) of Norms
Published online by Cambridge University Press: 03 January 2025
- Judges, Judging, and Judgment
- Judges, Judging, and Judgment
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Standard Model of Judging
- 2 Indeterminacy and Ideology
- 3 The Psychology of Judging
- 4 Internal Constraints on Judicial Behavior
- 5 External Constraints on Judicial Behavior
- 6 The Importance (and Erosion) of Norms
- 7 Specialization and Methodology as Partial Solutions
- 8 Character, Wisdom, and Humility
- Conclusion
- Index
Summary
This chapter takes up a final source of constraint, specifically the norms of the profession and judging. The idea that unarticulated, and often inarticulable, shared understandings serve as a source of discipline and constraint has a long history. Among the labels for it are situation sense, craft values, professional norms, and tacit knowledge. For such norms to exert force, they must be shared, and the chapter explores ways in which the scope of shared professional understandings has diminished. The polarization present in our society has made its way into the profession. More broadly, our culture has developed in ways that privilege the tangible and quantifiable, which has led to a collective preference for metrics over more traditional forms of expertise.
- Type
- Chapter
- Information
- Judges, Judging, and JudgmentCharacter, Wisdom, and Humility in a Polarized World, pp. 112 - 144Publisher: Cambridge University PressPrint publication year: 2025