On judging

• Judging is an intellectually demanding craft shaped by flawed legislation, uncertain authority and human judgment.

Judging is unique. It differs from decision-making in every other sphere. Of course, it shares some common characteristics, but in process and method it is distinctive. It mostly takes place in public. There is oral and written argument by each side conducted by trained professionals. The decision must be supported by full and detailed reasons. There are elaborate rules and principles that must be followed that govern the evidence on which the decision must be based, the procedures that must be followed and the law that must be expounded, followed and applied. In particular, there are rules and methods of statutory interpretation and of precedent. Finally, the judgment may be subject to review or appeal by a higher court and intense scrutiny, especially by lawyers and scholars. The judgment lies at the heart of our common law system. Judging is arguably