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Justice Stephen Breyer: Law Is Not a Science

Advisory Opinions

CHAPTER

The Role of Standards in Law and the Supreme Court

This chapter explores the shift from rules-based to standards-based societies, using speed limits as an example. It discusses the balance between rules and standards in legal contexts, the responsibilities of junior justices on the Supreme Court, and the importance of consensus-building during judicial conferences. Justice Breyer also shares insights on advocating before the Supreme Court, historical respect between adversaries, and the impact of political atmosphere on judicial decision-making.

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