Publication details
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| Title in English | Why Should the Judges be Temperate in their Speech? |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Ratio Publica |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | temperance in speech; judicial ethics; virtue ethics; deontology; consequentialism; independence; impartiality; the dignity of judicial office; public confidence in justice; the functionality of justice |
| Description | It is not easy to find a fair balance between inappropriate speech on one hand and the appearance of constraint and inaccessibility on the other. Judges must deal with this difficult task. They must bear in their minds not to endanger values that are protected to secure the functionality of justice. This article deals with questions of why and how judges can fulfill this task and what might happen if they fail to do so. The article argues in favor of temperance speech using arguments from fields of judicial ethics and normative ethics. It also offers examples of intemperance speech that might be dangerous to justice. Last but not least, the article mentions the relevance of judicial temperance speech for the concept of open justice thanks to which the judiciary might seek public confidence. |
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