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May 8, 2026International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique0 citationsOpen Access

Enhancing Practical Wisdom as an Antidote to Flawed Law: Individual Phronesis within Judicial Practice

NSNatasza Szutta

Key Points

  • The article examines how judicial practical wisdom can remedy structural flaws in law by enhancing individual virtues in decision-making.
  • Discusses Lon L. Fuller’s 'grudge informer' thought experiment
  • Analyzes Poland’s post-1989 lustration process
  • Explores the concept of virtue jurisprudence and its implications for judicial practice.
  • Demonstrates the need for reflexivity and self-awareness in judges
  • Highlights the peril of arbitrariness in legal interpretations
  • Reconstructs phronesis as crucial for delivering just decisions.

Abstract

This article argues that the best remedy for the structural flaws of law (its unavoidable generality and its vulnerability to manipulation) is judicial practical wisdom (phronesis), understood both as an individual virtue and as an institutional quality. To illustrate this idea, the article refers to Lon L. Fuller’s “grudge informer” thought experiment and to Poland’s post-1989 lustration process, where conflicts between the letter and the spirit of the law revealed the danger of arbitrariness. The discussion then introduces virtue jurisprudence and reconstructs the ideal of phronesis as the quality judges need to deliver substantively just decisions. This ideal involves reflexivity and self-awareness, moral perception

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Cite This Study

Natasza Szutta (2026) studied this question.

synapsesocial.com/papers/69fd7d94bfa21ec5bbf05f1ehttps://doi.org/10.1007/s11196-026-10452-7
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