Common Sense and Judicial Emancipation

Judges, in their position of dispute resolution and justice enforcement, constantly depart the legislators’ intention, through the means of interpretation, towards the valuable goal of justice and righteousness. However, they might walk dissimilar paths in their journey to righteousness which, in turn, might end up being seen as a threat to the respected value of rule of law. However, we might be right in thinking that the judges’ interpretations cohere into a unity, plurality within unity, through the power and coherence resulting from the common sense, which frames their understanding of both law and fact. This confinement to common sense, however, would could have judges surrender to majoritarianism and status quo. If common sense reinforces the status quo, marked by the power of majority, within the realm of judgement, this would hinder one of the demands of judgement, that is, emancipation. However, the position a judge is taking by involving in justice enforcement is not a mere position of dispute resolutions. He will always be availed to draw the just from law, common sense, and other legal rules.