Ethics

Paul Horwitz has posted on SSRN an elegant review essay of Judge Posner?s How Judges Think and Jeff Powell?s Constitutional Conscience: The Moral Dimension of Judicial Decision.  Horwitz, who writes that his head is with Posner and his heart is (mostly) with Powell, gets usefully to the heart of what makes it so difficult to settle with one or the other of these approaches to the judicial role, or to find a better path between them.  He suggests: ?We need to recapture and adapt a sense of the virtues to our own time, and to internalize that sense in a way that can actually serve as a meaningful constraint on judicial action.?  Indeed, we do.   His essay is nice contribution to that effort.