Publication Date

Winter 2019


The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.


Required Publisher Statement
Copyright held by the author. Published by Howard University School of Law.

Suggested Citation
Gold, M. E. (2019). A philosophical basis for judicial restraint [Electronic version]. Howard Law Journal, 62(2), 481-510.