Publication details
Should judges be temperate in their speech?
| Authors | |
|---|---|
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Legal Ethics |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Doi | https://doi.org/10.1080/1460728x.2024.2341349 |
| Keywords | temperance in speech; judicial ethics; virtue ethics; deontology; consequentialism; independence; impartiality; the dignity of judicial office; public confidence in justice; the functionality of justice |
| Description | It is not easy to find a fair balance between inappropriate speech on the one hand and the appearance of constraint and inaccessibility on the other. Also judges must deal with this difficult task. They must take care not to endanger values that are protected to secure the functionality of justice. This article deals with questions of why and how judges can fulfil this task and what might happen if they fail to do so. The article argues in favour of temperate speech using arguments from the fields of judicial ethics and normative ethics. It also offers examples of intemperate speech that might be dangerous to justice. Last but not least, the article mentions the relevance of judicial temperate speech for the concept of open justice thanks to which the judiciary might seek public confidence. |
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