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The Lawyer-Judge Hypothesis

In: The Pursuit of Justice

Author

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  • Benjamin H. Barton

Abstract

Here is the lawyer-judge hypothesis in a nutshell: if there is a clear advantage or disadvantage to the legal profession in any given question of law, judges will choose the route that benefits the profession as a whole.1 In support of this hypothesis I offer examples drawn from multiple, distinct areas of the law. In so doing I hope to establish the accuracy of the theory and its far-reaching consequences. As a bonus, I also offer a single explanation for a series of puzzling legal anomalies.

Suggested Citation

  • Benjamin H. Barton, 2010. "The Lawyer-Judge Hypothesis," Palgrave Macmillan Books, in: Edward J. López (ed.), The Pursuit of Justice, chapter 0, pages 169-192, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-0-230-10949-0_9
    DOI: 10.1057/9780230109490_9
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