Limits of Legality: The Ethics of Lawless Judging
"Brand-Ballard's investigation of that question is impressive. His coverage of the relevant issues, and of the legal and philosophical literature bearing on them, seemed to me to be comprehensive and thorough. At many points, when his argument arrives at a fork requiring a choice between alternative resolutions of some philosophical conundrum, he chooses the path that poses the most difficulty for his thesis, to show that it can surmount even the toughest hurdles. Brand-Ballard has made an original, provocative and illuminating contribution to a more hard-headed understanding of the judicial function." --Jeffrey Goldsworthy,Tulsa Law Review"Jeffrey Brand-Ballard's book deals with the fascinating and understudied phenomenon of judicial nullification . . . [using] impressive argumentative firepower . . . in support of the claim that it is morally permissible for judges, on a proper conception of their role, to decide on the basis of their personal moral objections rather than the law." --Ethics"This book is a serious analysis of the problem." --Charles Rice, Notre Dame Law School"Limits of Legalityis one of the most though-provoking books in legal theory that has come out in the last few years. It has all all the virtues that a work of analytical jurisprudence should haves: its is meticulous, draws subtle but important distinctions, anticipates and responds to objections carefully, does not overstate points for rhetorical effect, an d never papers over empirical uncertainty."  --Res Publica"I considerLimits of Legalityan excellent, challenging, and thought-provoking book. In fact, I regard is as mandatory reading for anyone interested in the judicial role, the distinction and relationship between morality and the law, and the nature of the rule of law itself." --The Law and PoliticsBook Review