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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Judges’ Virtues and Vices: Outline of a Research Agenda for Legal Theory

Prof. UG dr hab. Tomasz Widłak

University of Gdańsk

Abstract: This article focuses on the issue of applicability of virtue theory to legal theory in civil-law (statutory) jurisdictions and suggests research areas and problems in that respect. The author starts with an assumption that the notion of “virtue” and virtue ethics should be used for the purposes of legal theory starting from references to judicial ethics and normative theory of judicial decision-making. This approach looks especially promising for the purpose of systematizing the chaotic moral language that is being currently used in Poland in reference to judges, their skills, and qualities of their character, which in turn may lead to formulating an explanatory and normative theory of the judicial role that better addresses the observable deficiencies of legal deontology. The author suggests research that could proceed from interpretatively uncovering what are believed to be specific judicial virtues and vices, considering different aspects of the wider Polish and European legal culture of civil law countries (included but not limited to legal and ethical standards, public discourse, legal and other literature, historical and fictional examples, and role models). With respect to judicial ethics, existing virtue theories, including non-eudaimonistic ones, may be examined for the purpose of identifying the model of virtue best suited to the particular nature of the judicial profession. The aretaic (rather than deontological or consequentialist) perspective may enable legal scholarship to take a new path in the debate on the status and qualities of the judiciary, including the problems relating to judicial independence and the selection of candidates for judicial offices.

Keywords: virtue, virtue ethics, aretaic theory, judicial virtues, juristic virtues, virtue jurisprudence, judicial character

Language: English

Received: 31.05.2019
Accepted:
02.12.2019

Published: Number 2(20)/2019, pp. 51-62.

DOI: https://doi.org/10.36280/AFPiFS.2019.2.51

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Number of downloads: 139

Filed Under: Articles Tagged With: aretaic theory, judicial character, judicial virtues, juristic virtues, Tomasz Widłak, virtue, virtue ethics, virtue jurisprudence

XIX Zjazd Katedr Teorii i Filozofii Prawa „Konwergencja czy dywergencja kultur i systemów prawnych” Jastrzębia Góra, 19–22 września 2010 r.

Mgr Magdalena Glanc, Mgr Tomasz Widłak

University of Gdańsk


Language:
Polish

Published: Number 1(2)/2011, pp. 108-110.

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Number of downloads:
66

Filed Under: Reports Tagged With: Magdalena Glanc, Tomasz Widłak

Ronald Dworkin’s Philosophy of International Law

Dr Tomasz Widłak

University of Gdańsk


Abstract:
During his academic career Ronald Dworkin did not show much interest in the fundamental philosophical questions on international legal issues. This had changed towards the end of his life when he wrote an article titled „A New Philosophy for International Law” published posthumously. The aim of this article is to summarise the key arguments of Dworkin’s approach, address some of its critics as well as to suggest the possibility of further development of this discussion in the context of current global constitutionalism. In the first part, three thesis of Dworkin’s approach are reconstructed. The first one claims that international law requires interpretative understanding which should be grounded in the political morality of the international community. The second thesis can be formulated as follows: the legitimacy of political power at the national and international levels is uniform. The third thesis demands the implementation of the principle of salience in international law as the basic structural principle. After discussing critically Dworkin’s theory, in second part the article proposes a constitutional interpretation of the new philosophy for international law. Two conditions of global constitutionalism have to be satisfied by the theory in order to consider it as a constitutionalist approach. The first condition is the primacy of individual rights and second is the primacy of constitutional norms within the system. The conclusion is that the conditions are satisfied for Dworkin’s new philosophy of international law and his principle of salience is in fact a deeply constitutional arrangement based on moral justification. Dworkin’s proposal constitutes only a rough sketch, however there is a potential for developments. Lawyers and philosophers have at least an intellectual responsibility for building new viable theoretical models for international law.

Keywords: Ronald Dworkin, international law, international society, principle of salience, global constitutionalism, constitutionalization of international law, international legal theory, global law

Language: Polish

Published: Number 1(12)/2016, p. 64-77.

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Number of downloads:
120

Filed Under: Articles Tagged With: constitutionalization of international law, global constitutionalism, global law, international law, international legal theory, international society, principle of salience, Ronald Dworkin, Tomasz Widłak

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common good legal guarantees of advocates’ activity modernity legislative materials in dubio pro reo ratio legis legal syllogism religious freedom Sabina Kruszyńska equal consideration principle Pierre Bourdieu dialogical utterance limitations of the lawyers’ power Tbilisi primatology abominable law Unfinished Dialogue Dietmar von der Pfordten law and ideology Marcin Matczak analytical philosophy Stanisław Jędrczak legal lenguage a contrario judicial precedent post-truth claim to correctness health care contestation Chinese law Łukasz Mirocha Jerzy Wróblewski ethical relationship constitutional dictatorship normative and methodological debate Maciej Próchnicki legal axiology second-order observation intertemporal problems of law normativism freedom of the press rule of recognition materialism legal narrative open society legal text legal principles sociological jurisprudence law beyond statutory law Bruno Latour

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