Human, all too human: human fallibility and the separation of powers

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Book Chapter

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Crowe, J. (2016). Human, all too human: human fallibility and the separation of powers. In R. Ananian-Welsh & J. Crowe (Eds.), Judicial independence in Australia: contemporary challenges, future directions (pp. 37-48). Sydney: The Federation Press.

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Introduction: Humans are fallible - and this fallibility is the hardest thing for us to grasp. We have limited knowledge - and the limits of our knowledge routinely prevent us from realising just how much we do not know. Our reasoning processes are prone to various forms of distortion and bias - and these distortions and biases often cause us to overlook our own partiality. We are prone to favour familiar people and concepts over the unfamiliar - and our lack of understanding of other viewpoints prevents us from realising the ways in which we marginalise them. We are susceptible to temptations that lead us to go against our conscience - and these temptations also provide incentives not to scrutinise our behaviour.

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