Independence of Mind

Moral reasoning and judgment in legal education

Abstract

This article has as its central question how we can teach our students what judicial independence (at the individual level) means in practice and how we can teach them in developing an independent mind as a lawyer, with a sovereign voice. In doing so. The article explores the idea that law is about making decisions, referring to the work of Jerome Frank and Paul Scholten. This legal theoretical context allows me to introduce three important factors that we have to bear in mind if we seek to foster an education that prepares students for professional life: education as a means to coming into the world, education as a means of suspending judgement and education as a means of moral reasoning. Each are worked out. In the end, the strength of legal education lies in teaching our students legal consciousness: the ability to make judgments, forming opinions, taking a stance, acquire courage, and the responsibility that comes with it.