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Published online by Cambridge University Press: 03 November 2022
The closing act of the story concerns the drafting of the final judgment. The final task of judicial bureaucrats is to stitch together the fragmentary instructions received from the judges to create coherent and persuasive texts. Like weaving, the drafting process is all but smooth. Every time the warp meets the weft, loose threads come out which must be ironed out. Likewise, every new paragraph added to the text of a judgment reveals logical leaps, internal inconsistencies, and gaps in the reasoning that must be papered over for the decision to wield its prescriptive and symbolic authority. Despite these difficulties, the final decision – the magical artefact that makes the pride of our lot – is somehow churned out on time. Its seamless fabric, now up for scrutiny by journalists, practitioners, and scholars, carefully conceals the infinite series of choices, confrontations, and hesitations that marked every turn of the proceedings.
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