Judicial Art as an Issue in the Aesthetics of Law

This paper focuses on possible links between art and judicial activity. From the perspective of the aesthetics of law, the author analyses the adjudication process as a form of creative activity within the sphere of law and judicial decisions as the products of this activity. Arguing that it is possible to find artistry in the work of judges, the author proposes distinguishing a separate concept of judicial art as one of the manifestations of the aesthetics of law in its internal frame, and next indicates three possible meanings of the term. In the first approach, judicial art can be identified with the result of the adjudication process, i.e., judicial decisions, considering them as works of art (a static approach). Next, judicial art can be also perceived as the process of adjudication itself. This approach attempts to search for artistry in the process of judging (a dynamic approach). The third proposition relating to the concept of judicial art focuses on the personality of the judge, emphasizing that the accuracy with which the judge applies and interprets the law also depends on his interpersonal qualities.