We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Joy of Justice: Les Misérables and Rosalie Abella<sup>†</sup>.
- Authors
Baer, Susanne
- Abstract
What makes a person a good judge? Which characteristics, abilities and commitments matter in the practice of adjudicating fundamental rights? Some factors seem crucial, or even indispensable, as illustrated by the work of Rosalie Abella before and on the bench. The first factor is a commitment to the rule of law not as an empty concept, but as a substantive guarantee, last not least a 'never again' to fascism and similarly autocratic regimes. Second, judges need a particular realism, informed by asking questions and giving people voice, to approach the world with a distinctly strong humility. Third, radical pragmatism allows for legal arguments that matter, both based in doctrine and moving beyond, while fourth, a nuanced understanding of universalism must inform any judges' take on fundamental rights in the entangled world we live in today.
- Subjects
ABELLA, Rosalie; CIVIL rights; JUSTICE; JUDGES; DEMOCRACY
- Publication
University of Toronto Law Journal, 2023, Vol 73, p152
- ISSN
0042-0220
- Publication type
Article
- DOI
10.3138/utlj-2023-0062