Detached, yet welcoming: The antinomy of Asceticism and Humanity in the social representation of dignity of a judge

Recent studies on the social representation of a judge's dignity (Smejkalová et al., 2022, 2024) reveal that this dignity is expressed through a distinct public persona (Goffman, 1954). The core elements of this persona include two seemingly contradictory themes: Asceticism — where a judge is depicted as detached, formal, and restrained — and Humanity — where a judge is open, empathetic, and tolerant. These opposing qualities form a significant conceptual tension. At first, it may seem paradoxical for a judge to embody both detachment and empathy. However, Marková (2003) explains that such tensions are fundamental to social representation, as they arise from conflicting ideas and images generated through human communication. This paper explores these findings through the lens of Marková’s concept of dialogicality, suggesting that understanding the dignity of a judge in legal practice requires recognizing these inherent conflicts and their ad hoc resolutions. By examining the apparent contradiction between Asceticism and Humanity, I will contextualize these themes within the specific framework of the Czech legal system and its approach to constructing judicial legitimacy. This involves applying Loth's (2007) theory of input/output legitimacy, as adapted by Smejkalová (2021) for the Czech judiciary. The aim is to provide a new interpretive framework that expands on Smejkalová et al.'s (2024) findings and highlights the necessity of using social representation theory to understand the social dimensions of legal meaning, including the “legal scene” in which the meaning-making tensions are manifested and negotiated.