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Passion’ resumption? Emotions and impartiality

Dr Maciej Wojciechowski

University of Gdańsk

English abstract: Traditional philosophical tension between a reason and emotions has been a subject of increasing objections. As a result emotions are defended by pointing their connections with beliefs, value judgments to name just a few strategies. This paper also takes up an attempt of this sort showing that traditional definition of emotions with features of the process of application of law makes a threat from the emotions for the impartiality of a judge much less warranted than it might seem. What is more, an attempt is taken up to argue that feeling can be a chance for impartiality conceived as argumentative openness.

Keywords: reason, emotions, impartiality, judicial decision

Language:Polish

Published: Number 2(7)/2013, pp. 71-77

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Filed Under: Articles Tagged With: emotions, impartiality, judicial decision, reason

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Keywords

communication theory of legal interpretation Katarzyna Mikołajczyk-Graj Michael Moore ideological interpellation difference truth revelation procedures public morality consumer protection Jan Winczorek monocentrism limits of juristic power freedom of speech qualified legal assistance Paul Ricoeur law and economics the Other legal guarantees of advocates’ activity good governance legal reasoning dialogue conversational implicature just war doxa ‘clarification’ theory of legal interpretation Przemysław Kaczmarek visuality derivative concept of legal interpretation requirements for justification Russian law Zygmunt Ziembiński legal validity dogmatic anthropology article 18 of the Constitution liberty judicial impartiality Paweł Łabieniec language of law teleological ethics contestation Japanese criminal law agonism constitutional dictatorship legitimacy moral responsibility restorative justice postmodernism juridical state subjectivity/structure Edward Abramowski Friedrich A. Hayek

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