Judges Decision Making And Empathy
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Judges Decision Making And Empathy
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Author : Mateusz Stępień
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-31
Judges Decision Making And Empathy written by Mateusz Stępień and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-31 with Law categories.
This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. Although there is growing interest in the role of empathy in judicial decision-making, there is little research on how judges themselves approach this issue. This volume offers an alternative to the usual focus on common law jurisdictions. It adopts a perspective that underscores the impact of professional pressures on judges’ empathic abilities, leading to a form of "empathy labor" influenced by the unique characteristics of the judicial profession. It offers an in-depth examination of judges’ opinions, collected through an empirical study involving in-depth interviews. The narrative delves into real cases and judicial behaviors discussed by judges, providing reference to relevant literature from other jurisdictions. The core finding of the study reveals that while judges may differ in their approaches to empathy in a judicial context, many of their practices and strategies can be linked to empathy-like phenomena. The findings also substantiate the claim that empathy used by judges is not the same as judicial empathy, which covers empathic abilities integrated into performing the judicial role. This applied theoretical perspective of "empathy labor" offers an intriguing view of how the occupational context influences judges’ empathic inclinations throughout their careers. In addition to demonstrating how judges understand the role of empathy in their work, the book outlines a scenario for empathy training based on their experiences and expectations. Presenting an original approach to studying the role of empathy in judicial decision making, the book will be of interest to academics and researchers working in the areas of philosophy of law, legal theory, sociology of law, psychology of law, and emotions studies.
Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Judicial Independence Under Threat
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Author : Dimitrios Giannoulopoulos
language : en
Publisher: Liverpool University Press
Release Date : 2022-08-11
Judicial Independence Under Threat written by Dimitrios Giannoulopoulos and has been published by Liverpool University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
Judicial Independence Under Threat seeks to situate contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It asks how threats to judicial independence can be protected against.
Virtue Emotion And Imagination In Law And Legal Reasoning
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Author : Amalia Amaya
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Virtue Emotion And Imagination In Law And Legal Reasoning written by Amalia Amaya and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Judicial Decision Making
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Author : Piotr Bystranowski
language : en
Publisher: Springer Nature
Release Date : 2022-11-03
Judicial Decision Making written by Piotr Bystranowski and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.
This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning. Chapter “The Challenges of Artificial Judicial Decision-Making for Liberal Democracy” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Caring For Families In Court
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Author : Barbara A. Babb
language : en
Publisher: Routledge
Release Date : 2019-01-15
Caring For Families In Court written by Barbara A. Babb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-15 with Law categories.
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
How Judges Judge
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Author : Brian M. Barry
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26
How Judges Judge written by Brian M. Barry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Research Handbook On The Sociology Of Emotion
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Author : Helena Flam
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
Research Handbook On The Sociology Of Emotion written by Helena Flam and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-12 with Social Science categories.
The Research Handbook on the Sociology of Emotion investigates the role of emotions in key institutions understood as the frames and fabrics of society. It takes a critical look at society-framing institutions such as the state, the military, the market, and international organizations.
Challenging Legal Core Values
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Author : Åsa Wettergren
language : en
Publisher: Policy Press
Release Date : 2025-06-26
Challenging Legal Core Values written by Åsa Wettergren and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-26 with Law categories.
Available open access digitally under CC-BY-NC-ND licence. This book presents the first ethnographic study into a new consent-based rape law in Sweden and shows how the implementation of this legislation challenges outdated legal frameworks and requires a shift in legal practice. Focusing on the Swedish context, it provides insights that are globally applicable, offering lessons for other countries where consent-based rape laws are in place. By examining the limitations of the conventional legal enactment of autonomy, rationality and objectivity, the authors argue for an evolved approach to ensure fairness and effectiveness. Integrating feminist legal theory with the sociology of emotions, the book reveals how emotional and contextual factors shape legal reasoning. Aiming to make legal processes for sexual violence more transparent, predictable and democratic worldwide, this is an urgent call for enhanced professional training in emotional reflexivity and empathy.
Judicial Character In Hard Times
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Author : Tomasz Widłak
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12
Judicial Character In Hard Times written by Tomasz Widłak and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-12 with Law categories.
This insightful book analyses how judges' intellectual traits and personalities impact the rule of law and the proper performance of judicial roles. Focusing on times of crisis, the book discusses manifestations of judicial character under internal and external pressures, social unrest, and attacks on judges when their status, independence, and impartiality are under strain.