The Integrity Of The Judge (law, Justice And Power)
by Jonathan Soeharno /
2009 / English / PDF
3.6 MB Download
There is no consensus among legal scholars on the meaning of
judicial integrity, nor has legal scholarship yet seen a
well-articulated discussion about the normative concept of judicial
integrity. This book fills this gap by developing a theory of
judicial integrity that can be applied to safeguarding mechanisms.
Author Jonathan Soeharno makes an analysis of the discourses on
judicial integrity in judiciaries in both established and
developing democracies. In the former, the rule of law is
well-developed and the trust in the judges is high, yet new demands
for accountability emerge. In the latter, traditional integrity
problems such as fraud and corruption take center stage. The author
argues that integrity must be understood both as professional
virtue - discussed here through the lens of virtue ethical theory -
and as the safeguarding of public trust, as understood through
institutional theory. He places this new model of judicial
integrity into the contexts of judicial decision-making and
judicial conduct, before concluding with a discussion of applied
ethics, as he recommends parameters for the safeguarding of this
extremely important, and until now little understood, legal and
moral concept. "The Integrity of the Judge" is a significant new
work for legal theorists and philosophers, as well as scholars of
legal and judicial ethics.
There is no consensus among legal scholars on the meaning of
judicial integrity, nor has legal scholarship yet seen a
well-articulated discussion about the normative concept of judicial
integrity. This book fills this gap by developing a theory of
judicial integrity that can be applied to safeguarding mechanisms.
Author Jonathan Soeharno makes an analysis of the discourses on
judicial integrity in judiciaries in both established and
developing democracies. In the former, the rule of law is
well-developed and the trust in the judges is high, yet new demands
for accountability emerge. In the latter, traditional integrity
problems such as fraud and corruption take center stage. The author
argues that integrity must be understood both as professional
virtue - discussed here through the lens of virtue ethical theory -
and as the safeguarding of public trust, as understood through
institutional theory. He places this new model of judicial
integrity into the contexts of judicial decision-making and
judicial conduct, before concluding with a discussion of applied
ethics, as he recommends parameters for the safeguarding of this
extremely important, and until now little understood, legal and
moral concept. "The Integrity of the Judge" is a significant new
work for legal theorists and philosophers, as well as scholars of
legal and judicial ethics.