Abstract / Description of output
This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the judicial virtues and of the political implications of giving virtue a role in adjudication.
| Original language | English |
|---|---|
| Pages (from-to) | 97-107 |
| Number of pages | 12 |
| Journal | Jurisprudence |
| Volume | 9 |
| Issue number | 1 |
| Early online date | 7 Nov 2017 |
| DOIs | |
| Publication status | Published - 2 Jan 2018 |
Keywords / Materials (for Non-textual outputs)
- humility
- fraternity
- judicial deference
- egalitarianism
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Amalia Amaya Navarro
- School of Law - Professor of Law and Philosophy
- Edinburgh Centre for Legal Theory
Person: Academic: Research Active