Hurling referees as judges
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Published Version
Date
2024
Authors
Considine, John
Eakins, John
Journal Title
Journal ISSN
Volume Title
Publisher
The Irish Judicial Studies Journal
Published Version
Abstract
There is a history of contrasting judges to sporting officials in legal jurisprudential writings. In drawing similarities between the roles during his confirmation hearings, Chief Justice of the United States Supreme Court John Roberts brought the comparison centre-stage when he used the analogy, ‘judges are like umpires’. The suitability of Roberts’s comparison was questioned by Richard Posner, who reversed the analogy and used it to distinguish between his categories of judicial decision-making. Posner employed empirical evidence from American legal, rather than sporting, arenas to classify American judges. This article seeks to add empirical evidence from the sporting side of the analogy. Using data from the sport of hurling, the article suggests that hurling referees are similar to Posner’s constrained pragmatists and that line officials in hurling might be closer to what Roberts had in mind.
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Keywords
Judges , Referees , Hurling , Judicial decision-making
Citation
Considine, J. and Eakins, J. (2024) 'Hurling referees as judges', Irish Judicial Studies Journal, 8(1), pp. 30-43. Available at: https://ijsj.ie/assets/uploads/documents/2024%20edition%201/3.%20Considine%20and%20Eakins%20HURLING%20REFEREES%20AS%20JUDGES%2020241.pdf (Accessed: 26 August 2024)
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© 2024, the Authors. The views and opinions expressed in the article are entirely personal to the authors acting in their personal academic capacity and do not represent their professional view and/or opinions; articles accepted for publication by the IJSJ do not represent the views and/or opinions of the Journal, its Editor in Chief, Editorial Board, members of the Judiciary, the Judicial Council or the Courts Service of Ireland; articles published by the Journal are not intended to be relied upon as legal authority and the Journal accepts no responsibility for any errors or omissions contained therein.