[JURIST] Wednesday on SSRN:
Retaining Judicial Authority: A Preliminary Inquiry on the Dominion of American Judges [abstract]
by Larry Cata Backer [faculty profile] of the Pennsylvania State University - Dickinson School of Law [official website]
From the Abstract: "Why do the people and institutions of democratic states, and in particular those of the United States, obey judges? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing on the American Supreme Court, this paper examines the manner in which high court judges have successfully internalized the characteristics of Nietzsche - Paul and his priestly caste within the religion of Western constitutionalism."