Professor Courtney Cox was interviewed on the Private Law podcast where she discussed her latest publication, Confronting Normative Uncertainty.
In cases of increasing difficulty … that’s where we’re now going to have different jurisprudences pointing to different directions, and I think if we’re really intellectually honest with ourselves, I don’t know if anyone has a fully, completely, totally worked out jurisprudence that can provide an answer in every case … And now I’m saying, look, you’ve got a judge who is rightly uncertain, whether she’s uncertain because she hasn’t fully worked out her views, or she hasn’t really explored, or she doesn’t have enough information … At the end of the day, [she]’s got to make a decision … What is she to do?