Brand-Ballard

Question 1

why does brand-ballard think oaths do not give moral duty to adhere in suboptimal results cases

Answer 1

because taking an oath doesn’t mean that other reasons can’t outweigh it. thinks an oath is a prima facie duty

Question 2

what is brand-ballards argument that judges do have a prima facie moral duty to adhere in some sub-optimal. results cases

Answer 2

1. if mimetic failure occurs this is in part due to excessive deviation in sub-optimal results cases
2. if mimetic failure is not occurring, this is (in part) because enough judges are adhering in sub-optimal result cases
3. mimetic failure is an important moral bad
4. if mimetic failure occurs, then those who deviate in sub-optimal result cases are complicit in it
5. if mimetic failure is not occurring, then those who deviate in sub-optimal result cases are free riding
6. there is a prima facie moral duty to not be complicit in an important bade or to not free ride when others are contributing to avoiding an important bad
7. thus if a judge deviates in a sub-optimal result case, the are violating a prima facie moral duty
   (either x or y is true, if x then z, if y then z, thus z)

Question 3

morally wrong to deviate

Answer 3

if you are deviating in a way which is immoral, you decide to not sentence a murderer

Question 4

morally permissible to deviate

Answer 4

if there would be a server injustice if the judge were to adhere
- ???

Question 5

does brand-ballards argument establish that the law has authority for judges?