The virtue of judicial humility

Research output: Contribution to journalArticlepeer-review

Abstract

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 languageEnglish
Pages (from-to)97-107
Number of pages12
JournalJurisprudence
Volume9
Issue number1
Early online date7 Nov 2017
DOIs
Publication statusPublished - 2 Jan 2018

Keywords

  • humility
  • fraternity
  • judicial deference
  • egalitarianism

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