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Would the Philosophic Approach Require Replacing Judges with Philosophers?

Given that practitioners of the philosophic approach have to be self-critic and not to rely on doctrinalism (founding their opinions on the words of “famous philosophers” just because of their name) in their search for the truth, it is possible to say that the philosophic approach does not require to replace judges with philosophers. Philosophers do not need to show fidelity to law. But on the other side, judges can adopt philosophic methods and attitudes: they have to think self-critically about the best that the law could mean within the limits of the law’s language and what the community will accept. In fact, all the approaches to constitutional interpretation involve a measure of philosophic attitude, and judges have to do their best to understand what the constitutional text means.
di Luca Porcella
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