Summary
My argument in this book is that a literary turn of mind together with the building blocks from philosophical hermeneutics help form a solid basis for the development of the essential capability of jurists to truly judge from experience: that is, to learn about the lives and experiences of others, and to act on what one learns, while at the same time to cherish an attitude of self-reflection in order to gain self-knowledge. Whatever the global, political, or technological developments, I am convinced that judging from experience is, and remains, the crucial, professional methodology and habitus. Without it, legal instrumentalism is bound to take over, and, when that happens, the rule of law does not stand a chance of survival. For the judge more spe-cifically, the privilege of being appointed to decide about other people's lives comes with a huge responsibility. It is the judge who mediates between the world of the rule of law in democratic societies and the lives of their citizens. In this mediation lies her duty. She mediates while understanding that she is fulfilling her duties in an imperfect world in a state of flux. In this under-standing lies her challenge.
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- Judging from ExperienceLaw, Praxis, Humanities, pp. 270Publisher: Edinburgh University PressPrint publication year: 2018