Homework on "Are Judges Morally Obligated to Apply the Law," by Brand-Ballard

You will probably have to read the entire essay before answering these questions. What you turn in does not need to include the questions; just put the answers (and, of course, number them).

All answers MUST be in your own words. Where you paraphrase, do not simply take a sentence from the text and replace one or two words with synonyms, but instead digest the idea and reformulate the whole thing.

1. Does Brand-Ballard think that a judge's oath of office, by itself gives a judge the moral obligation to properly apply the law in all cases (yes/no)? Why or why not? (2pts)

2. What is a sub-optimal result case (explain the concept, don't just give an example)? (2pts)

3. What is mimetic failure and what causes it? (2 pts)

4. Why does Brand-Ballard think that deviation in optimal result cases is worse than adherence in suboptimal result cases? (2 pts)

5. Do you agree with the Complicity Principle? Why or why not? (2pts)