Lawfulness and the Perception of Legal Salience

14 Pages Posted: 8 Apr 2017

See all articles by Claudio Michelon

Claudio Michelon

University of Edinburgh - School of Law

Date Written: March 25, 2017

Abstract

The ability to identify all (and only the) legally salient properties within a complex situation is a subjective trait necessarily possessed by a lawful person. This ability is better explained as a type perception.

The paper puts forward an account of the perception of legally salient properties in which perception:

(i) affords a preliminary ordering of the total information received,

(ii) while allowing for the formation of a remainder that explains the peripheral legal perception experienced legal practitioners develop over time.

After this account of legal perception is in place, the paper considers the relationship between this aspect of subjectivity and complete virtue, in particular, practical wisdom and lawfulness.

Keywords: Lawfulness, Practical Wisdom, Perception, Legal Argumentation

Suggested Citation

Michelon, Claudio, Lawfulness and the Perception of Legal Salience (March 25, 2017). Edinburgh School of Law Research Paper No. 07/2017, Available at SSRN: https://ssrn.com/abstract=2948568 or http://dx.doi.org/10.2139/ssrn.2948568

Claudio Michelon (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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