Erroneous rulings

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


According to the prevailing western understanding of the judicial process, courts are duty-bound to apply the rules of the legal system within which they operate, however these rules were generated. A question immediately presents itself: what is the status of a court ruling that is perceived by its addressee as being based on a misunderstanding on the part of the judge, and thus, perceived as going against the system’s rules? Is the ruling’s addressee obligated to obey the ruling despite its alleged erroneousness? Note that this question differs from that of the case where the addressee is critical of the ruling’s moral implications. In the latter case, the addressee is unwilling to abide by the system’s determination, on moral grounds, whereas in the former case, she simply wants the court to generate the correct ruling.
Original languageEnglish
Title of host publicationWindows onto Jewish Legal Culture
Subtitle of host publicationFourteen Exploratory Essays
EditorsHanina Ben-Menahem, Arye Edrei, Neil S Hecht
Number of pages41
ISBN (Electronic)9781136479984
ISBN (Print)9780415500494
StatePublished - 2012


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