2017•JurisprudenceOpen access

The perceptive judge

Iris van Domselaar

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Abstract

This article puts judicial perception at the centre of adjudication and of what makes a judge a good judge. It offers a philosophical and empiricist account of judicial perception. Judicial perception is presented as a special ethical, character-dependent skill that a judge needs in order to adequately attend and respond to the cases 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 an illustrative source.

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This article puts judicial perception at the centre of adjudication and of what makes a judge a good judge. It offers a philosophical and empiricist account of judicial perception. Judicial perception is presented as a special ethical, character-dependent skill that a judge needs in order to adequately attend and respond to the cases 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 an illustrative source.

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Available abstract

This article puts judicial perception at the centre of adjudication and of what makes a judge a good judge. It offers a philosophical and empiricist account of judicial perception. Judicial perception is presented as a special ethical, character-dependent skill that a judge needs in order to adequately attend and respond to the cases 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 an illustrative source.

Key concepts: Adjudication, Perception, Judicial opinion, Epistemology, Law, Legal realism, Political science, Meaning (existential)

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