If "the Devil Himself Knows Not the Mind of Man", How Possibly Can Judges Know the Motivation of Legislators?

Authors

Arthur S. Miller

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Commentators

Abstract

This commentary is based upon a statement published by Judge J. Braxen Craven, Jr., of the Court of Appeals for the Fourth Circuit when he said that there are result oriented judges and judges who are result oriented but don't know it or won't admit it. The author argues that an inquiry into motivation is clearly a futile quest that's only purpose is to enable judges to read their ideas of good social policy into the law with the pretense that they are not doing so. The author claims that judicial opinions are the product of judicial biases and lawyers should go beyond the opinions to try and systematically and thoroughly understand the Court.

Recommended Citation

Arthur S. Miller, If "the Devil Himself Knows Not the Mind of Man", How Possibly Can Judges Know the Motivation of Legislators?, 15 San Diego L. Rev. 1167 (1978).
Available at: https://digital.sandiego.edu/sdlr/vol15/iss5/10