From Archetypes to Architects: Re-Envisioning the Role Morality of Trial Level Judges

43(2) UBC L. Rev. 277

34 Pages Posted: 6 Jul 2012

See all articles by Richard Devlin

Richard Devlin

Dalhousie University - Schulich School of Law

Date Written: 2011

Abstract

In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will seek to go beyond these two archetypes to argue that judges should consider an alternative ethical identity by drawing a parallel between the role morality of judges and the role morality of architects.

Keywords: morality, trial judges

Suggested Citation

Devlin, Richard, From Archetypes to Architects: Re-Envisioning the Role Morality of Trial Level Judges (2011). 43(2) UBC L. Rev. 277, Available at SSRN: https://ssrn.com/abstract=2101770

Richard Devlin (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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