Episode 147: Decisionalism

This week Bruce asks more hard questions: Is our legal system “decisionalist”? In other words, are we outcome-based rather than reasoning-based creatures? Is there something deep in our brains they tells us to go with what feels correct, even if we are Supreme Court justices? Is our reasoning mostly de facto when we are really honest with ourselves? Does a careful look at the state of the critical discussion really help us decide between theories, especially in politics and morality?This episode is a review of Justin Driver’s The Insignificance of Judicial Opinions. Driver argues that when it comes to judicial opinions, it is the decisions that matter, not the reasoning used to justify them. But if that’s true, doesn’t it raise a deeper problem for the critical rationalist idea that explanatory power is king?⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Support us on Patreon⁠⁠⁠⁠⁠⁠⁠⁠⁠