The Joy of Justice
Les Misérables and Rosalie Abella
Bibliographic Data
| ID | 10853102 |
|---|---|
| Authors | Susanne Baer (0000-0002-2430-563X, Justice, German Federal Constitutional Court; Professor of Public Law and Gender Studies, Humboldt University of Berlin, Germany., corresponding author) |
| Year | 2023 |
| Volume | 73 |
| Issue | Supplement 2 |
| Pages | 152-158 |
| Publication date | 2023-09-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/utlj-2023-0062 |
| OpenAlex | W4387667268 |
| Language | EN |
| References cited | 5 |
What makes a person a good judge? Which characteristics, abilities and commitments matter in the practice of adjudicating fundamental rights? Some factors seem crucial, or even indispensable, as illustrated by the work of Rosalie Abella before and on the bench. The first factor is a commitment to the rule of law not as an empty concept, but as a substantive guarantee, last not least a ‘never again’ to fascism and similarly autocratic regimes. Second, judges need a particular realism, informed by asking questions and giving people voice, to approach the world with a distinctly strong humility. Third, radical pragmatism allows for legal arguments that matter, both based in doctrine and moving beyond, while fourth, a nuanced understanding of universalism must inform any judges’ take on fundamental rights in the entangled world we live in today
Autocracy · Democracy · Doctrine · Economic Justice · Epistemology · Humility · Law and economics · Political science · Politics · Pragmatism · Realism · Sociology · Universalism · Law · Legal and Social Philosophy · Philosophy
| Highly cited | No |
|---|