Judicial Decisions
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Decisions Decisions
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Author : Louise Mailhot
language : en
Publisher: Cowansville, Québec : Éditions Y. Blais
Release Date : 1998
Decisions Decisions written by Louise Mailhot and has been published by Cowansville, Québec : Éditions Y. Blais this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Good Judgement
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Author : Robert J. Sharpe
language : en
Publisher: University of Toronto Press
Release Date : 2018-01-01
Good Judgement written by Robert J. Sharpe and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Judicial Decisions In International Law Argumentation
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Author : Letizia Lo Giacco
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-10-20
Judicial Decisions In International Law Argumentation written by Letizia Lo Giacco and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.
Judicial Applications Of Artificial Intelligence
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Author : Giovanni Sartor
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Judicial Applications Of Artificial Intelligence written by Giovanni Sartor 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 2013-04-17 with Law categories.
The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer
Release Date : 2012-12-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-14 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 Decisions And Public Feeling
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Author : Elihu Root
language : en
Publisher:
Release Date : 1912
Judicial Decisions And Public Feeling written by Elihu Root and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Courts categories.
The Changing Bench How Judicial Decisions Reshape Law And Society
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Author : Ella Adams
language : en
Publisher: Raghava Appikatla
Release Date : 2024-11-27
The Changing Bench How Judicial Decisions Reshape Law And Society written by Ella Adams and has been published by Raghava Appikatla this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-27 with Body, Mind & Spirit categories.
This book provides a comprehensive exploration of the transformative power of judicial decisions in shaping both law and society. It delves into the intricate processes by which judges interpret laws, weigh evidence, and arrive at judgments that not only settle individual cases but also have far-reaching implications for the legal system and society as a whole. Through a series of incisive case studies, the book illustrates how judicial decisions can overturn long-standing legal precedents, establish new principles, and trigger social change. It examines the role of judges as agents of both stability and innovation, balancing the need for adherence to precedent with the demands of justice and evolving societal norms. The book highlights the profound impact that judicial decisions have on various aspects of society, including individual rights, social justice, and the distribution of power. It explores how judicial decisions can shape public policy, influence political discourse, and even redefine the boundaries of what is considered legal or acceptable. This book is an essential resource for anyone interested in the intersection of law, society, and the judiciary. It offers a unique perspective on the dynamic and ever-evolving nature of the legal system and its profound influence on the fabric of our society.
Mutual Recognition Of Judicial Decisions In European Criminal Law
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2016-12-09
Mutual Recognition Of Judicial Decisions In European Criminal Law written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-09 with Law categories.
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
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.
Certain Final Judicial Decisions Relating To Tariff Treatment
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Author : United States International Trade Commission
language : en
Publisher:
Release Date : 1990
Certain Final Judicial Decisions Relating To Tariff Treatment written by United States International Trade Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Tariff categories.