Document Type
Article
Disciplines
International Law
Abstract
The process of judging is the most solemn and difficult task to which a lawyer may be called. There is no doubt as to the integrity and dedication of generations of common law judges who have kept high the reputation of the judiciary, nobly discharging the solemn duty entrusted to them. In the words of Justice Holmes, ". . . in the judges' half of our common work, the will at least is not wanting to do every duty of their noble office; . . . every interest, every faculty, every energy, almost every waking hour is filled with their work; . . . they give their lives to it, more than which they cannot do."
What I wish to attempt in this presentation is not a criticism of judges but rather an exhortation to make greater use of the wisdom available to them in the discipline of legal philosophy. Lord Denning in a famous dictum drew a distinction between the 'timorous souls' who were fearful of allowing a new cause of action and the 'bold spirits' who were ready to allow it if justice required.' The insights of legal philosophy can lend strength to the timorous souls who are hesitating to take the plunge and perhaps temper any trend to rashness that might exist among the 'bold spirits, who are too ready to leap into the dark.
Recommended Citation
Weeramantry, C. G., "The Importance of Philosophical Perspectives to the Judicial Process" (1991). Connecticut Journal of International Law. 145.
https://digitalcommons.lib.uconn.edu/cjil/145
Accessibility Requirements
1