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66 U. Toronto Fac. L. Rev. 189 (2008)
The Appearance of Justice: Public Justification in the Legal Relations

handle is hein.journals/utflr66 and id is 193 raw text is: THE APPEARANCE OF JUSTICE: PUBLIC JUSTIFICATION IN THE LEGAL RELATION FREDRICK SCHUMANN** I INTRODUCTION 191 II PUBLIC REPUTE DISCOURSE 191 Relevant Features of Public Repute Discourse 195 Public Repute Discourse Involves Repute in the Eyes of a Reasonable Person 196 Public Repute Discourse is Self-Reflexive But Not Empty 200 The Reasonable Person in Public Repute Discourse and in Negligence 202 The Instrumental Rationale and Its Shortcomings 203 In General 203 Confidence in the Administration of Justice in R. v. Hall 207 III PUBLIC REPUTE DISCOURSE AND THE PUBLIC JUSTIFICATION OF LEGAL RESULTS 208 Relations, Personae, Obligations, and Justification 208 Public Justificalion in The Political Relation 210 Public Justification in Juridical Relations 212 The Legal Relation 214 The Public Justification of Legal Results 218 Openness and Cogency 219 Impartiality and Independence 221 Self-Reflexivity, the Problem of Ideology, and Education 224 IV CONCLUSION 226 This article was first presented at the Third Annual Conference on Student Publishing in Law held by the University of Toronto Faculty of Law Review on February 29, 2008. The author would like to thank Peter Benson, for whose Jurisprudence course this paper was written, for his constant support, and for many discussions. The author would also like to thank participants at the conference seminar for their helpful comments. **B.A. (Hons.) (Toronto), J.D. (Toronto). The author is currently serving as a law clerk to the Honourable Mr. Justice Ian Binnie of the Supreme Court of Canada. UNIVERSITY OF TORONTO FACULTY OF LAW REVIEW VOL. 66 (2)

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