Taking notice: judicial notice and practices of judgment in anti-poverty litigation

Abstract

This thesis explores the doctrine of judicial notice, particularly as it applies in the context of anti-poverty litigation. I invoke a theory of judgment which centres valid judgment on the practice of an "enlarged mentality." I argue for an interpretation of judicial notice that can assist judges to approach their task in this way. First, judicial notice should be animated by the fundamental principles of the legal system. including equality. Second, judicial notice must be attentive to the different kinds of "facts" that could be subject to notice, and the criteria for notice that are appropriate in each case. Third. judicial notice requires an active posture on behalf of judges, which finds support in legal norms about impartiality and the duty to give reasons. Finally, judicial notice requires judges to be actively attentive to the content of their own common sense.