Speeches to note: judicial reasoning

13/02/2009

On 7 February 2009 the National Judicial College held its conference: "Judicial Reasoning, Art or Science?" In his opening address, Chief Justice Robert French observed that analysing the reasoning processes of judges was a legitimate part of public scrutiny of the judiciary. However, quoting Richard Posner, Justice French noted that existing theories lacked "a cogent, unified, realistic, and appropriately eclectic account of how judges actually arrive at their decisions in nonroutine cases: in short, a positive decision theory of judging".

He continued:

An all embracing theory is unlikely and we should be suspicious of such offerings. As somebody once said about theories of everything which are devised to explain the universe: there is more to everything than meets the eye. The question for this conference and for trial and appellate judges generally is whether there is utility in thinking about how we think. Clearly my answer to that question is yes.

View the chief justice's speech>

**13 February 2009 **