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    LoyalLoyalJusticeJustice
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    If judges are bound by role-specific duties arising from ... — Carmelics
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    Challenges→A normative theory of adjudication derived from constitutional political economy must be structural, describing the structure of adjudication rather than dictating judicial motivation directly.

    If judges are bound by role-specific duties arising from law's internal logic, a normative theory can address judicial motivation directly rather than only structurally.

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    Reasons For

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    • 1.Law's internal logic creates intelligible role obligations that judges can understand and internalize as reasons for action.
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    • 2.Structural constraints alone cannot ensure judicial compliance; normative internalization of role duties provides additional motivation.
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    • 3.Professional ethics based on role-specific duties have successfully motivated behavior in other fields like medicine and accounting.
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    Reasons Against

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    • 1.Judges' actual motivations are shaped by politics, psychology, and incentives—not abstract logic internal to legal systems.
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    • 2.Claiming law has 'internal logic' presupposes contestable jurisprudential positions that aren't universally accepted by theorists.
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    • 3.Role-specific duties cannot directly address motivation without external enforcement mechanisms and institutional structures backing them.
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    Related

    A normative theory of adjudication derived from constitutional political economy...Claiming law has 'internal logic' presupposes contestable jurisprudential positi...Judges' actual motivations are shaped by politics, psychology, and incentives—no...Law's internal logic creates intelligible role obligations that judges can under...
    +3 moreShow less
    Professional ethics based on role-specific duties have successfully motivated be...Role-specific duties cannot directly address motivation without external enforce...Structural constraints alone cannot ensure judicial compliance; normative intern...

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