All Judges on the Couch? On Iris Murdoch and Legal Decision-Making

24 Pages Posted: 15 Nov 2018

See all articles by Iris van Domselaar

Iris van Domselaar

Amsterdam Law School, University of Amsterdam

Date Written: October 23, 2018

Abstract

Drawing upon our everyday experiences, there is nothing radical about thinking that moral life is largely taken up by our efforts to obtain a clear vision of the situations we find ourselves in and to respond accordingly. However, despite having experiential plausibility, vision-based approaches to morality are quite rare within moral philosophy.

The moral philosophy of Iris Murdoch, in which ‘vision’ commands center stage, is a notable exception. However, as Murdoch herself was largely evasive on matters of public morality, thus far the potential relevance of Murdoch’s moral philosophy for the law - a public institution par excellence - has hardly been addressed. In this chapter, the author investigates what a Murdochian approach to legal decision-making might amount to and identifies some crucial issues that such an approach must further explore.

Keywords: Iris Murdoch, moral perception, legal decision-making, imagination, thick (legal) value concepts

Suggested Citation

van Domselaar, Iris, All Judges on the Couch? On Iris Murdoch and Legal Decision-Making (October 23, 2018). Available at SSRN: https://ssrn.com/abstract=3271906 or http://dx.doi.org/10.2139/ssrn.3271906

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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