This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

This article examines the significance of the image of the Chimera which Socrates invites Glaucon to mould in Book IX of Republic. It argues that the image, when explicitly intended to represent the just and rationally autonomous individual soul, must also, in keeping with Socrates’ methodological procedure in the dialogue, correspond to a political structure. We argue that, as it cannot correspond to or represent the structure of the Kallipolis, the city this soul would correspond to would be the approximately (...) just polis from which the Kallipolis could emerge. The question thus arises as to what kind of individual or which class of persons each part of the tripartite soul can be assigned in a political context. We conclude that the answer supplied and best supported by the dialogue is a rule of the philosopher over a demos or tyrant through the intermediary aid of a rhetorician. (shrink)

Plato’s Menexenus is a persistent puzzle for interpreters, in the main because of its obscurity of purpose and apparent lack of philosophical matter. This article argues that, while no doubt an elusive piece, it can be counted quite definitely a sdialogue of philosophical import, as well as one of its author’s most subtly accomplished works. The article focuses on two portions of Aspasia’s oration—the account of the earliest Athenians and the exhortation to the living in the voice of the dead—to (...) demonstrate the radical nature of the speech. Close attention to its subtle internal dynamic reveals not only the range of philosophical themes touched upon, but also its outrageous aspects and the strength of its indictment of the Athenian democracy. The article also affirms the consistency of this critique with Plato’s reservations regarding that regime as expressed with most force and clarity in Republic and Gorgias. (shrink)