Its Sources, Limits and Identity
How Moral Judgment Competence Fosters Discretionary Powers: A Dilemmatic Approach
Abstract: When applying law, and seeking for a just sentence, judges reason, judge and make decisions in an institutionally determined and limited discourse space. However, their personal moral judgment competences are strongly challenged in these proceedings. Each new case demands fresh non-routine situation- and context-related decisions, judgments, and sentences. In particular, establishing a just sentence in the face of complex issues such as dilemmatic situations, – so called “hard cases”, or countertypes – can be specifically demanding for judges. Our chapter examines the condition of moral judgment competence in such challenging contexts, whilst referring to both the limits and the potential of discretionary power.
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