Judicial Character in Hard Times

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Judicial Character in Hard Times

On the Role of Judicial Virtues in Defending the Rule of Law

9781035331918 Edward Elgar Publishing
Edited by Tomasz Widłak, Associate Professor of Law, Department of Theory and Philosophy of State and Law, Faculty of Law and Administration, University of Gdańsk, Poland
Publication Date: March 2025 ISBN: 978 1 03533 191 8 Extent: c 232 pp
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.

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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.
Critical Acclaim
‘Hard times is a scalar description that can cover a wide range of states of affairs, from the erosion of “rule of law” legal and institutional settings to new challenges for the judiciary, such as the supranational practice of judging or political and social polarisation. This book offers detailed and insightful analysis of specific judicial virtues (judicial courage, lawfulness, empathy, independence, deliberative skills, fidelity), useful to face many of those risky situations. The exploration of these and other virtues is pioneering, accurate and well contextualized and proves how judicial virtues are important resources for the practice of law.’
– Isabel Trujillo, University of Palermo, Italy
Contents
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 II 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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