Özet:

D avid Luban emphasizes a lawyer practice that requires lawyers to become morally activists. A lawyer who sees her client’s immoral or illegal purpose should aim to convince her client to act morally and legally. A lawyer should always be on the side of justice primarily. Could moral activism be a practice for judges also? Unlike lawyers, judges are impartial. What means do impartial judges have for moral activist practice? In this article, I will discuss whether the theory of moral activism is possible for judges. I will use Ioanna Kuçuradi, Gulriz Uygur and Ronald Dworkin’s approaches in order to discuss the issue with the example of Judge Fiona in McEwan’s The Children Act book

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