Jonathan Haidt argues that legal technocracy—relying primarily on specialized expert reasoning—has social and moral limits and that law should reincorporate ordinary moral traditions and public reasoning to maintain legitimacy. He frames the remedy as a 'return to tradition' in legal judgement rather than a mere managerial tweak.
— If courts and legal elites accept limits on technocratic expertise, judicial legitimacy, constitutional interpretation, and democratic oversight will be contested in new ways and will reshape policy across institutions that currently defer to 'expert' administrators and academics.
Karl Johnson
2026.01.06
100% relevant
Article titled 'The Return to Tradition in the Law' invoking Jonathan Haidt’s argument that expertise alone cannot sustain legal legitimacy.
← Back to All Ideas