Can a Good Judge Be a Good Politician? Judicial Elections from a Virtual Ethics Approach

86 Pages Posted: 5 Nov 2011  

Marie A. Failinger

Mitchell Hamline School of Law

Date Written: September, 17 2011

Abstract

In this article, the author argues that it is only possible to determine whether judges are likely to be good judges if we understand the practice of judging and the telos of justice toward which its aims, and that elections cannot help voters determine what qualities are necessary in judges and for what reasons. Moreover, I argue that traditional elections require virtues in politicians which are not often found in good (virtuous) judges, making them an unsuitable way of selecting candidates.

Keywords: Republican Party of Minnesota v. White, direct judicial elections, judicial selection, virtue ethics, public virtues

Suggested Citation

Failinger, Marie A., Can a Good Judge Be a Good Politician? Judicial Elections from a Virtual Ethics Approach (September, 17 2011). Missouri Law Review, Vol. 70, p.433, 2005. Available at SSRN: https://ssrn.com/abstract=1929476

Marie A. Failinger (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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