Morální uvažování (a morální intuice) v soudním rozhodování: Je možné dospět k racionálnímu rozhodnutí?
| Title in English | Moral Reasoning (and Moral Intuition) in Judicial Decision-making: Is it possible to arrive at a Rational Decision? |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | analytic philosophy; moral intuitions; space of reasons; rational decision; cognitive science |
| Description | Legal theorists or philosophers have noted that if we are talking about the interpretation and application of law, then moral reasoning also plays a role, often a significant one. For example, Pierluigi Chiassoni openly admits that in some cases it depends on the evaluation of the judge as a person which of the possible interpretations he chooses. As we know, there are several methods of interpretation, on the basis of which the interpreter may reach different conclusions in some cases. In such a case, the judge’s moral evaluation sometimes plays a crucial role. This fact may lead us to the fact that we should also deal with the issue of moral reasoning and justification when discussing the interpretation and application of law. After briefly outlining why the question of moral intuitions is relevant in law, the question of whether we (or rather judges) can reach a rational decision in these cases despite this will be explored, where we will seek to show that this is possible. Although it may not seem so at first glance. To answer this question we will use analytic philosophy, in particular the philosophy of Ludwig Wittgenstein, Wilfrid Sellars and Robert B. Brandom, which we will support with the findings of cognitive science. We conclude with the implications of our investigation for law. We will see that it is very important that decisions be properly reasoned and that complex cases be decided by multiple judges who have different views on some issues, and we will also indicate why dissenting opinions are important and useful. |
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