All Judges on the Couch? On Iris Murdoch and Legal Decision-Making
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| Publication date | 2020 |
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| Book title | Virtue, Emotion and Imagination in Law and Legal Reasoning |
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| Pages (from-to) | 77-98 |
| Publisher | Oxford: Hart |
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| 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 |
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(Submitted manuscript)
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