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The perceptive judge
被引:8
|作者:
van Domselaar, Iris
[1
]
机构:
[1] Univ Amsterdam, Fac Law, Amsterdam, Netherlands
来源:
关键词:
The morality of adjudication;
virtue jurisprudence;
moral and judicial perception;
law as skilled action;
thick concepts and law;
law and literature;
McEwan's Children Act;
D O I:
10.1080/20403313.2017.1352319
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
This article puts judicial perception at the centre of adjudication and of what makes a judge a good judge. It offers a philosophical and empiricist account of judicial perception. Judicial perception is presented as a special ethical, character-dependent skill that a judge needs in order to adequately attend and respond to the cases he is confronted with. In this account 'thick (legal) concepts' play a vital role. Throughout the text Ian McEwan's novel The Children Act is used as an illustrative source.
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页码:71 / 87
页数:17
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