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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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