Administrative / Constitutional Law Law

Judicial Character in Hard Times: On the Role of Judicial Virtues in Defending the Rule of Law

By Tomasz Widłak
Edward Elgar Publishing March 2025

Specifications

ISBN-13
9781035331918
Publisher
Edward Elgar Publishing
Publication
March 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This insightful book analyses how judges’ intellectual traits and personalities impact the rule of law and the proper performance of judicial roles. Focusing on times of crisis, the book discusses manifestations of judicial character under internal and external pressures, social unrest, and attacks on judges when their status, independence, and impartiality are under strain.

Chapters consider the fundamental question of what constitutes a good judge, delving into the emerging field of virtue jurisprudence and exploring its connections to virtue ethics. Expert authors reflect on personal qualities that may be especially helpful in hard times, including courage, lawfulness, prudence, integrity, perseverance and empathy, and situate these attributes in the context of European, constitutional and administrative courts. Ultimately, the book argues that the law, as applied by the courts, is greatly impacted by judicial character, the notion of which is best understood through the lens of virtue theory.

Providing novel perspectives on virtue jurisprudence and aretaic theory, this thought-provoking book is an essential resource for academics and students in philosophy of law, legal theory and philosophy and ethics. Its consideration of institutional and practical applications will also greatly benefit lawyers and political scientists working in the field.

Table of Contents

1.
Of hard times, virtue jurisprudence and judicial virtues 1
Tomasz Widłak

PART I. THE NEED FOR JUDICIAL VIRTUE
2.
The need for virtue in the judicial profession 23
Natasza Szutta
3.
Virtue ethics and good judging 41
Hans Petter Graver

PART I.I VIRTUES FOR HARD TIMES
4.
Judicial virtue in hard times 59
Lawrence B. Solum
5.
Judicial virtues of independence 85
Tomasz Widłak
6.
A developmental approach to judicial empathy 105
Mateusz Stępień
7.
The virtues of disagreement and the perils of judicial deliberation 126
Amalia Amaya

PART III. VIRTUES IN CONTEXT: EUROPEAN AND NATIONAL COURTS
8.
Thinking about ‘supranational good judging’ for the ever-closer union among the peoples of Europe 149
Tomasz Tadeusz Koncewicz and Marcin Michalak
9.
Internal legitimacy of the Polish Constitutional Tribunal 177
Jerzy Zajadło and Adrian Zaorski
10.
Judging in the administrative courts 197
Leszek Leszczyński
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