The Perceptive Judge

Forthcoming in: Jurisprudence. An International Journal of Legal and Political Thought

General Subserie Research Paper No. 2016-03

Amsterdam Law School Research Paper No. 2016-38

35 Pages Posted: 30 Aug 2016 Last revised: 25 Apr 2018

See all articles by Iris van Domselaar

Iris van Domselaar

Amsterdam Law School, University of Amsterdam

Date Written: August 15, 2016

Abstract

Up until today the way judges perceive has received little attention in legal discourse. Adjudication is most often conceptualized as a practice in which judges apply rules and principles. The focus has predominantly been on the actual decisions judges take, the underlying justificatory rules and principles and the meaning of the decision for the legal system.

This paper by contrast puts judicial perception at the centre of adjudication. It offers a philosophical account of judicial perception that understands it as a special ethical, character dependent - skill that a judge needs in order to adequately cope with the case he is confronted with. In this account ‘thick (legal) concepts’ play a vital role. Throughout the text Ian McEwan’s novel The Children Act is used as illustrative source.

Keywords: Judicial Perception, Virtue Jurisprudence, Skill Model of Judicial Virtue, Thick (Legal) Concepts, McEwans' the Children Act, Law and Literature

JEL Classification: K10

Suggested Citation

van Domselaar, Iris, The Perceptive Judge (August 15, 2016). Forthcoming in: Jurisprudence. An International Journal of Legal and Political Thought , General Subserie Research Paper No. 2016-03, Amsterdam Law School Research Paper No. 2016-38, Available at SSRN: https://ssrn.com/abstract=2831133 or http://dx.doi.org/10.2139/ssrn.2831133

Iris Van Domselaar (Contact Author)

Amsterdam Law School, University of Amsterdam ( email )

Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/i.vandomselaar/

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