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

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

Author: Tomasz Widłak
Publisher: Edward Elgar Publishing
ISBN: 9781035331918
Published In: March 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

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Contents

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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.

Of hard times, virtue jurisprudence and judicial virtues 1

Tomasz Widłak

PART I. THE NEED FOR JUDICIAL VIRTUE

The need for virtue in the judicial profession 23

Natasza Szutta

Virtue ethics and good judging 41

Hans Petter Graver

PART I.I VIRTUES FOR HARD TIMES

Judicial virtue in hard times 59

Lawrence B. Solum

Judicial virtues of independence 85

Tomasz Widłak