The perceptive judge

被引:8
|
作者
van Domselaar, Iris [1 ]
机构
[1] Univ Amsterdam, Fac Law, Amsterdam, Netherlands
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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