Passion’ resumption? Emotions and impartiality Cover Image

Rehabilitacja namiętności? Emocje a postulat bezstronności
Passion’ resumption? Emotions and impartiality

Author(s): Maciej Wojciechowski
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: reason; emotions; impartiality; judicial decision

Summary/Abstract: Traditional philosophical tension between a reason and emotions has been a subject of increasing objections. As a result emotions are defended by pointing their connections with beliefs, value judgments to name just a few strategies. This paper also takes up an attempt of this sort showing that traditional definition of emotions with features of the process of application of law makes a threat from the emotions for the impartiality of a judge much less warranted than it might seem. What is more, an attempt is taken up to argue that feeling can be a chance for impartiality conceived as argumentative openness.

  • Issue Year: 7/2013
  • Issue No: 2
  • Page Range: 71-77
  • Page Count: 7
  • Language: Polish