Freedom of Expression of a Judge
in the Perspective of His Obligations Cover Image

Wolność wypowiedzi sędziego w perspektywie pełnionych obowiązków
Freedom of Expression of a Judge in the Perspective of His Obligations

Author(s): Przemysław Kaczmarek
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Akademia Leona Koźmińskiego
Keywords: freedom of expression; a judge, humility; visualisation of law

Summary/Abstract: The aim of this paper is to present the issue of judicial freedom of expression inthe perspective of obligations that are inherent in the judicial role. The fulfilmentof such a task is dictated firstly by the presentation of an epistemic and egalitarianview of judicial humility. Based on this distinction I hypothesise two directionsof thinking about judicial freedom of expression. The epistemic variant, focusingon the role aspect, presents the judge as a special category of citizen due to the obligations connected with his or her profession. The egalitarian variant presents animage of the judge as a citizen. The whole study is completed by the justificationof the choice of a research topic. Among the reasons, technological changes and therelated development of social media deserve special attention.The implementation of the tasks mentioned above allows several conclusionsto be drawn. One of them concerns the mentioned hypothesis, which is given a correction. The other conclusion, in turn, concerns the variables in view of which thescope of judicial freedom of expression can be examined. The first of these is the spherein which the judge’s expression occurs, the second is the object of that expression, andthe third variable is the cultural aspect.

  • Issue Year: 14/2022
  • Issue No: 4
  • Page Range: 90-104
  • Page Count: 15
  • Language: Polish