臨床研究と生命倫理ジャーナル

概要

Discursive and Ethical Requirements of Court Trials

Wojciechowski B

The results of the article will embrace: an innovative theoretical approach towards issue of democratic legitimation of the judicial rulings’ influence on a system of law making, pioneering conceptualisation of judicial ethics based on the concept of communicative (discursive-democratic) competencies of judges, ground-breaking interpretation of judicial activism taken as a judicial participation in a system of institutional discourse of law making and finally the justification of critical assessment of Montesquieu’s idea of the triple division of powers connected with an attempt to formulate an alternative. In this context biojurisprudence clarifies the issue linguistic and logical legalistic argumentations and interpretations of law, described in the trends of legal positivism, obscure more than elucidate that which they try to elucidate.