In The Australian, Greens List member Mark Dean KC argues that judicial wisdom is inseparable from life experience, pushing back against critics who claim judges should leave personal insight out of the courtroom.
Dean explains that the law entrusts judges with wide discretion in sentencing, evidence, and fact-finding, and that there is rarely one “correct” outcome. He highlights examples from history and recent cases to show how judicial judgment necessarily engages with the moral and political dimensions of society.
From Lord Mansfield’s decision in Somerset v Stewart to Sir Gerard Brennan’s landmark judgment in Mabo, Dean contends that lived experience has always shaped great judicial decisions — and that this is precisely what enables the law to serve justice.
Subscribers to The Australian can read the full article here.
