UC Law SF Journal on Gender and Justice


Many legal theorists have attempted to explain what legitimizes the exercise of judicial authority, and/or how judges should make decisions. In this article, I will argue that judges should, within the constraints of their power, interpret statutes to best serve the public interest. The "public interest" principle can be contrasted to theories such as Justice Scalia's "textualism," Ronald Dworkin's "fit," or Judge Bork's "neutral principles.