Lawfulness and the perception of legal salience

Claudio Michelon

doi:10.1080/20403313.2017.1352321

Lawfulness and the perception of legal salience

Claudio Michelon

School of Law

Research output: Contribution to journal › Article › peer-review

Abstract / Description of output

The ability to identify all (and only the) legally salient properties within a complex situation is a subjective trait necessarily possessed by a lawful person. This ability is better explained as a type perception. The paper puts forward an account of the perception of legally salient properties in which perception (i) affords a preliminary ordering of the total information received (ii) while allowing for the formation of a remainder that explains the peripheral legal perception experienced legal practitioners develop over time. After this account of legal perception is in place, the paper considers the relationship between this aspect of subjectivity and complete virtue, in particular, practical wisdom and lawfulness.

Original language	English
Pages (from-to)	47-57
Number of pages	11
Journal	Jurisprudence
Volume	9
Issue number	1
Early online date	25 Sept 2017
DOIs	https://doi.org/10.1080/20403313.2017.1352321
Publication status	Published - Mar 2018

Keywords / Materials (for Non-textual outputs)

legal decision-making
legal argumentation
practical wisdom
phronesis
Virtue Jurisprudence

Access to Document

10.1080/20403313.2017.1352321

MichelonJ2017LawfulnessAndThePerception
This is an Accepted Manuscript of an article published by Taylor & Francis in Jurisprudence on 25 Sep 2017, available online: http://www.tandfonline.com/doi/full/10.1080/20403313.2017.1352321
Accepted author manuscript, 240 KBLicence: Unspecified

1 Article

Legalità e percezione della rilevanza giuridica
Translated title of the contribution: Lawfulness and the perception of legal salienceMichelon, C., 26 Sept 2022, In: Ars Interpretandi: Journal of Legal Hermeneutics. 2022, 1, p. 33-51 20 p.
Research output: Contribution to journal › Article › peer-review

Open Access
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Claudio Michelon
- School of Law - Personal Chair of Philosophy of Law
- Edinburgh Centre for Legal Theory
- Edinburgh Centre for Private Law
Person: Academic: Research Active

Cite this

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Lawfulness and the perception of legal salience

Abstract / Description of output

Keywords / Materials (for Non-textual outputs)

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Research output

Legalità e percezione della rilevanza giuridica

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Claudio Michelon

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