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Picture of How "Activist" Should Judges Be? Objectivity in Judicial Decisions (MP3 download)

How "Activist" Should Judges Be? Objectivity in Judicial Decisions (MP3 download)

By Tara Smith

 


The protection of individual rights depends on the objective application of laws by judges. But what does such objective application consist of? This lecture exposes the fundamental philosophical errors—political, moral and epistemological—of the reigning schools of thought. It then outlines the basic requirements of proper judicial decision-making. In the process, it clarifies how a judge should regard constitutional "mistakes" and shows how non-objective law prevents objective application.

This lecture was recorded at the 2005 Objectivist Summer Conference in San Diego, CA.

(MP3 download; 91 min., with Q & A, 65.08 MB)