The Blind Justice Paradox: Judges with Visual Impairments and the Disability Metaphor

Abstract

The metaphor connecting blindness and fair-impartial legal treatment has been embodied in the Western world for hundreds of years through the image of a blindfolded woman who represents justice. Nonetheless, not much has been written about the complexities and obstacles that stand in the way of placing actual blind judges on the bench. Nor has the 'Icon of Justice' been used to represent the social struggle for disability rights. This article is the first to turn a spotlight on the long history of blind people in England and the United States serving as members of the judiciary and to explore how this integration dovetails with the symbolic importance of blindness in the iconography of law. The article delves into the varied connotations of blindness throughout Western culture and legal history, specifically in its purported relationship to the objectivity of the judge. Finally, the article contrasts examples of the inclusion of blind people in Anglo-American legal systems with an Israeli case, revealing existing barriers that still prevent many blind people from entering the legal profession.

Giving voice to the voices of legal practitioners with disabilities

“…These barriers were in line with those mentioned in the existing literature. All the barriers mentioned by the participants confirm what the existing literature reports on the barriers experienced by legal practitioners with disabilities when wanting to access the court system (Dorfman 2016;Flynn 2016;Foster and Hirst 2020).…”

“…Much controversy and research surround the debate about the appointment versus election of judges (Choi, Gulati, and Posner 2010;Iaryczower, Lewis, and Shum 2013;Menton 2009;Ryan 2005;Skaggs 2010), and from the quote above, it is clear that Participant 5 was of the opinion that the election process aided his quest for equality in becoming a judge (Choi, Gulati, and Posner 2010). More importantly, what the election of this judge underscores, is the evidence that legal practitioners with disabilities have been successfully incorporated into judicial systems, despite sceptical attitudes and barriers against the appointment of persons with disabilities (Dorfman 2016).…”