‘Improve the Law’ as a Judicial Duty on the Borderlines of Free Speech: Judges as Responsible Epistemic Agents
‘Improve the Law’ as a Judicial Duty on the Borderlines of Free Speech: Judges as Responsible Epistemic Agents

Summary/Abstract: This paper discusses judicial duty of improving the law on epistemic grounds andclaims in that regarding this obligation, it is possible to give a place to free speechfrom an epistemic point of view. As a requirement of having epistemic agency,judges like other human beings have epistemological responsibility. Different fromthe others’ responsibility, judges’ responsibility is connected to their duty ofimproving the law, which is required by their job as well as the idea of the rule oflaw and judicial professional principles. Judges should improve the law’s capacityto guide the conduct of its citizens, who are obligated to obey the law. Improvingthe law also improves the delivery of justice. The ways of legal interpretation andjustification are important to improve it. While applying the law, judges can findthe law unclear or they may encounter some norm conflicts. In these cases, theyshould resolve them to keep the law ‘legally in good shape’, which should meetepistemological requirements. When fulfilling this obligation, judicial free speechon epistemic grounds should not be limited.

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