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From Archetypes to Architects: Re-Envisioning the Role Morality of Trial Level Judges
Articles, Book Chapters, & Popular Press
  • Richard Devlin, FRSC, Dalhousie University - Schulich School of Law
Document Type
Article
Publication Date
1-1-2011
Keywords
  • Morality,
  • Judicial Ethics,
  • Trial Judges,
  • Role-Differentiated Behaviour
Abstract

In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will seek to go beyond these two archetypes to argue that judges should consider an alternative ethical identity by drawing a parallel between the role morality of judges and the role morality of architects.

Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Citation Information
Richard Devlin, "From Archetypes to Architects: Re-Envisioning the Role Morality of Trial Level Judges" (2011) 42:3 UBC L Rev 277.