Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Remarks on Lay Judges in Polish Criminal Process Passing Moral Judgements

Dr Paweł Mazur

Adam Mickiewicz University in Poznań

English abstract: The article addresses the issue of the participation of lay judges in passing moral judgements during the stage of adjudication. It attempts to realize the postulate of external integration of jurisprudence by combining the achievements of legal studies and moral philosophy as well as public philosophy in research work.

The basic theses of the article are as follows: lay judges-citizens have the moral competence to pass moral judgements during the process of adjudication. There is no reason to consider a professional judge better prepared to pass moral judgements than a lay one. A broadening of the court panels to include citizens can be seen as a remedy for issues such as: conformism, ignorance, intellectual errors in the judicial discourse. Furthermore, citizens are capable of supplementing the judicial process of application of law with Aristotelian category of reasonableness. The article presents also the threats resulting from lay judges’ participation in the process of passing morel assessments in the criminal process.

Keywords: moral competence, professional judges, lay judges, moral reasoning

Language: Polish

Published: Number 4(33)/2022, pp. 86-97

DOI: https://doi.org/10.36280/AFPiFS.2022.4.86

Download: Download
Number of downloads: 69

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: lay judges, moral competence, moral reasoning, professional judges

The Method of Reflective Equilibrium in Moral Reasoning

Prof. dr hab. Marek Smolak

Adam Mickiewicz University in Poznań

English abstract: The paper analyses the nature of moral reasoning when balancing constitutional rights. The fundamental assumption is the idea that adequate moral reasoning based on the Weight Formula should demonstrate the reasons for adopting specific principles. This demonstration should be rational. Rationality can be achieved by applying J. Rawls’s methods of reflective equilibrium. The above method consists of background theory/approach. I propose to consider two background theories/approaches, namely Dworkin’s idea of integrity and the concept of the rule of law formulated by O. Raban. My aim is to argue that the latter is more accurate for moral reasoning when balancing constitutional rights than the former because it helps us to rationalize the broadly understood process of taking judicial decisions.

Keywords: Weight Formula, reflective equilibrium, moral reasoning, Ofer Raban

Language: English

Published: Number 1(10)/2015, pp. 89-96

DOI: https://doi.org/10.36280/AFPiFS.2015.1.89

Download: Download
Number of downloads:
373

Filed Under: Articles Tagged With: moral reasoning, Ofer Raban, reflective equilibrium, Weight Formula

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

Filip Rakoczy ethical justification financial market American courts dialogue nonpositivist concept of law decommunization statement of reasons for a court judgment TRIPS Paweł Banaś the Other emergency situation intermediate scrutiny test Stanley Fish legal gaps beauty requirements for justification Robert Audi monkey trial Karol Staśkiewicz claim to correctness ought-statements Foucault Hart equal consideration principle ethical naturalism Andrzej Malinowski social order Toulmin’s model natural language Saul Kripke crisis of the rule-of-law state court decisions philosophie clandestine Bruno Latour scrivener’s error Lemuel Shaw human being teleological ethics alternative dispute resolution popular culture The Separation Thesis Commonwealth v. Aves the input view Łukasz Mirocha Immanual Kant Grundnorm Isaiah Berlin linguistic corpora justification of punishment

Copyright © 2023 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT