Richard F Devlin, “From Archetypes to Architects: Re-Envisioning the Role Morality of Trial Level Judges”

Working Abstract

This essay began life as a five page think-piece to assist the National Judicial Institute with its design of the “Art and Craft of Judging: Your Sophomore Years” Programme. This is a new, intensive five day programme targeted at judges who have been sitting for approximately five years, the purpose of which is to provide a forum to critically reflect upon the challenges and opportunities of being a judge. The think-piece was triggered, in part, in response to Richard Posner’s quip that “Judges, like other ‘refined’ people in our society, are reticent about talking about sex, but judges are also reticent about talking about judging, especially talking frankly about it, whether to their colleagues or to a large professional audience.” [Richard Posner How Judges Think at 6.] The think-piece morphed into a larger presentation that was delivered at the N.J.I. conference in Victoria, British Columbia in August 2009. The paper was then revised and delivered as one of two invited lectures under the auspices of J. Donald Mawhinney Lectureship on Professional Ethics at the Faculty of Law, University of British Columbia in October 2009.

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