The effects of collegiality on judicial decision making.
University of Pennsylvania Law Review, May, 2003 by Edwards, Harry T.
In The Nature of the Judicial Process, Justice Benjamin Cardozo tried to explain how appellate judges overcome their individual predilections in decision making. (1) His thesis was that the different perspectives of the members of an appellate bench "balance one another." (2) He argued that "out of the attrition of diverse minds there is beaten something which has a constancy and uniformity and average value greater than its component elements." (3) Attrition, of course, literally means the gradual wearing down through sustained attack or pressure, or the wearing away by friction. (4) It is interesting that Justice Cardozo chose this word to explain how "diverse minds" come together to produce "truth and order" (5) in decision making. I think that he was wrong in his...
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