‘Improve the Law’ as a Judicial Duty on the Borderlines of Free Speech: Judges as Responsible Epistemic Agents „Ulepszanie prawa” jako sędziowski obowiązek na granicy wolności słowa – sędziowie jako odpowiedzialni pośrednicy w dochodzeniu do prawdy

Creative Commons License

UYGUR G., Gürgey F. İ. Ç.

Krytyka Prawa, cilt.14, sa.4, ss.60-73, 2022 (Scopus) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 14 Sayı: 4
  • Basım Tarihi: 2022
  • Doi Numarası: 10.7206/kp.2080-1084.556
  • Dergi Adı: Krytyka Prawa
  • Derginin Tarandığı İndeksler: Scopus
  • Sayfa Sayıları: ss.60-73
  • Anahtar Kelimeler: agency, epistemological responsibility, judicial ethics, judicial free speech
  • Ankara Üniversitesi Adresli: Evet

Özet

© 2022, Kozminski University. All rights reserved.This paper discusses judicial duty of improving the law on epistemic grounds and claims in that regarding this obligation, it is possible to give a place to free speech from an epistemic point of view. As a requirement of having epistemic agency, judges like other human beings have epistemological responsibility. Different from the others’ responsibility, judges’ responsibility is connected to their duty of improving the law, which is required by their job as well as the idea of the rule of law and judicial professional principles. Judges should improve the law’s capacity to guide the conduct of its citizens, who are obligated to obey the law. Improving the law also improves the delivery of justice. The ways of legal interpretation and justification are important to improve it. While applying the law, judges can find the law unclear or they may encounter some norm conflicts. In these cases, they should resolve them to keep the law ‘legally in good shape’, which should meet epistemological requirements. When fulfilling this obligation, judicial free speech on epistemic grounds should not be limited.