Image of a judge in a legal culture

Остащук, Іван Богданович and Кравчук, Олексій (2023) Image of a judge in a legal culture Вісник Львівського університету. Серія філос.-політолог. студії. (46). pp. 74-85.

Text (Образ судді в правовій культурі) I_Ostashchuk_O_Kravchuk_VLU_46_2023.pdf - Published Version Download (351kB)

Abstract

The image of a judge in a legal culture is considered in the article. Characteristics of the judge as a judicial symbol, designed, with the help of other judicial symbols, to distinguish the judge as a person from the judge as a function, are made. The image of the judge is one of the most important in the legal culture, based on the principles of fair justice and the rule of law. In the civil society, judges must be a special social force that determines the inviolability of the principles of equality before the law and independence of the judiciary. Such examples may be found in the mythical stories of ancient civilizations. In Greek mythology, there wereimages of fair judges called Rhadamanthys, Minos and Aeacus, who served as judges in the afterworld due to their enduring authority in mortal life: thus, the ancient Greeks sought to convey the divine sanctioning of observance of a fair trial in the myths, as a syncretic idea of the world. Today, presence of judges in public space with a clear articulation of the principles of the rule of law is necessary in a democratic society. The prominent examples are: U.S. Supreme Court Judge Ruth Ginsburg, whose professional activity has not only become a role model for many lawyers, but has also entered mass culture through cinema and the media as an image of a human rights activist; Italian Judge Rosario Livatino, who fell victim to the Mafia; the Catholic Church beatified him for his uncompromising service to the law and administration of justice, for making expressive emphasis on the connection between his religious beliefs and professional ethics of a judge, in particular in defending justice. In order to demonstrate absence of prejudiced attitude of a judge, minimize the causes and conditions that will contribute to emergence and manifestation of prejudice, the judicial profession envisages that the duties of a judge include adherence to the strictest ethical rules of conduct among judicial lawyers. A judge must behave impeccably not only in the courtroom or court building, but also outside them, in particular in everyday life. Ethical rules apply to the wide range of the fields of life of a judge and his or her family, and their purpose is to promote visibility of justice, ensure that justice is seen to be done. In many cases, a judge must demand observance of certain ethical requirements from family members and court staff (court employees). The obligation to adhere to strict ethical standards (targeted at elimination or minimization of the causes and conditions that may lead to prejudiced attitude of the judge) creates an appropriate image of the judge, which is a kind of symbol of excellence, designed, with the help of other judicial symbols, to distinguish a judge as a person from a judge as a function. This image of a judge, by ensuring the proper functioning of the administration of justice, symbolizes impartiality of the tribunal and its fairness. Justice has no favourites, friends or opponents, no personal needs. After all, justice is a public and social function. Judicial symbols are designed to distinguish between a judge as a person and a judge as a function.

Item Type:	Article
Uncontrolled Keywords:	image of a judge; legal culture; judicial ethics; Ruth Ginsburg; Rosario Livatino
Subjects:	Це архівна тематика Київського університету імені Бориса Грінченка > Статті у журналах > Фахові (входять до переліку фахових, затверджений МОН)
Divisions:	Це архівні підрозділи Київського університету імені Бориса Грінченка > Факультет суспільно-гуманітарних наук > Кафедра філософії та релігієзнавства
Depositing User:	Професор Іван Богданович Остащук
Date Deposited:	26 Apr 2023 12:57
Last Modified:	26 Apr 2023 12:57
URI:	https://elibrary.kubg.edu.ua/id/eprint/44906

Actions (login required)

View Item