All Judges on the Couch? On Iris Murdoch and Legal Decision-Making

Open Access
Authors
Publication date 2020
Host editors
  • A. Amaya
  • M. del Mar
Book title Virtue, Emotion and Imagination in Law and Legal Reasoning
ISBN
  • 9781509925131
ISBN (electronic)
  • 9781509925162
  • 9781509925155
Pages (from-to) 77-98
Publisher Oxford: Hart
Organisations
  • Faculty of Law (FdR) - Centre for the Study of European Contract Law (CSECL)
Abstract
Drawing upon our everyday experiences, there is nothing radical about thinking that moral life is largely taken up by our efforts to obtain a clear vision of the situations we find ourselves in and to respond accordingly. However, despite having experiential plausibility, vision-based approaches to morality are quite rare within moral philosophy.

The moral philosophy of Iris Murdoch, in which ‘vision’ commands center stage, is a notable exception. However, as Murdoch herself was largely evasive on matters of public morality, thus far the potential relevance of Murdoch’s moral philosophy for the law - a public institution par excellence - has hardly been addressed. In this chapter, the author investigates what a Murdochian approach to legal decision-making might amount to and identifies some crucial issues that such an approach must further explore.
Document type Chapter
Language English
Published at https://doi.org/10.2139/ssrn.3271906 https://doi.org/10.5040/9781509925162.ch-005
Downloads
SSRN-id3271906 (Submitted manuscript)
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