Does the Polish legislature demand "moral virtue" from its judges? Deliberations in the light of a statutory requirement for "integrity of character" Cover Image

Czy polski ustawodawca wymaga od sędziów ‘dzielności etycznej’? Rozważania na tle ustawowego wymogu ‘nieskazitelności charakteru’
Does the Polish legislature demand "moral virtue" from its judges? Deliberations in the light of a statutory requirement for "integrity of character"

Author(s): Anna Rocławska
Subject(s): Law, Constitution, Jurisprudence, Psychology, Ethics / Practical Philosophy
Published by: Fundacja Pro Scientia Publica
Keywords: moral virtue; golden mean; disciplinary responsibility; adjudication; unblemished character; legal discourse;

Summary/Abstract: The concept of “unblemished character” is the basic criterion by means of which the Polish legislator verifies ethical competence of judges. The Author explores what is needed in democratic state of law: judges – not only with good character, but also with ability to answer the question of what is good (ethical). A noble and wise judge can improve a flawed law in hard cases. The article demonstrates that an ability of scrutinising opposing positions and values is a necessary feature of a judge. The Author contemplates the issue of “moral virtue” as a legal basis for the education of judges towards an ability to find the golden mean despite contradictory arguments.

  • Issue Year: 2015
  • Issue No: 5
  • Page Range: 99-110
  • Page Count: 12
  • Language: Polish