Can judges use common sense to interpret the meaning of words?
In short: This lecture by Lord Kerr explores the tension judges face when they must act like a jury, balancing strict legal reasoning with the broader expectations of societal justice.
In this 2019 Gray's Inn Reading, Lord Kerr of Tonaghmore PC QC, a Justice of the Supreme Court of the United Kingdom, examines the complexities of judicial decision-making. He specifically addresses the challenges raised by the case of Stocker v Stocker, where judges are required to adopt a common-sense approach to determine the meaning of words. The discussion focuses on how the courts can effectively uphold individual rights while ensuring their rulings align with society's wider sense of justice.
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- Summary by Intellect · source: Striking the Balance Between Common Sense and Legal Reasoning
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