The Judicial Decision
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The Judicial Decision
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Author : Richard A. Wasserstrom
language : en
Publisher:
Release Date : 1961
The Judicial Decision written by Richard A. Wasserstrom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Law categories.
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.
The Judicial Application Of Law
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Author : Jerzy Wróblewski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
The Judicial Application Of Law written by Jerzy Wróblewski 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 2013-06-29 with Law categories.
This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
A Matter Of Judgment
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Author : Ruth Sheard
language : en
Publisher:
Release Date : 2003
A Matter Of Judgment written by Ruth Sheard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Judgements categories.
"This publication collects a series of essays, most previously unpublished, on the themes of judicial decision-making, judicial impartiality and jugment writing. These matters are interrelated and together reflect the core aspects of the judicial task. The ultimate judicial value is impartiality. It is the essence of the function performed by the judiciary in teh administration of justice. However, impartiality must not only exist, it must be manifest. The common theme of the essays is the indentification of how the process of judicial decision-making, in accordance with a 900-year-old common law tradition, leads to both the reality and the appearance of impartiality with the fact that different judges bring to the judicial task a variety of perspectives and values. The appearance of impartiality is ultimately displayed in the reasons for judgment." - from the Foreword by the Honourable JJ Spigelman AC, Chief Justice of New South Wales.
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.
Comparing The Prospective Effect Of Judicial Rulings Across Jurisdictions
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Author : Eva Steiner
language : en
Publisher: Springer
Release Date : 2015-05-05
Comparing The Prospective Effect Of Judicial Rulings Across Jurisdictions written by Eva Steiner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-05 with Law categories.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Policy Arguments In Judicial Decisions
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Author : John Bell
language : en
Publisher: Oxford University Press, USA
Release Date : 1983
Policy Arguments In Judicial Decisions written by John Bell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Language Arts & Disciplines categories.
The political role of the judge.--Policy arguments and judicial discretion.--Du ty of care in negligence.--The public interest immunity from discovery.--Public interest in restrictive practices.--Public policy in restraint of trade.--The c onsensus model.--The rights model.--The interstitial legislatior model.--Conseq uences for the judicial role.
Good Judgment
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Author : Robert J. Sharpe
language : en
Publisher: University of Toronto Press
Release Date : 2018-10-11
Good Judgment 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 2018-10-11 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.
The Supreme Court In The American Legal System
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Author : Jeffrey A. Segal
language : en
Publisher: Cambridge University Press
Release Date : 2005-08
The Supreme Court In The American Legal System written by Jeffrey A. Segal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08 with Law categories.
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Judicial Decision Making Sentencing Policy And Numerical Guidance
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Author : Austin Lovegrove
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Judicial Decision Making Sentencing Policy And Numerical Guidance written by Austin Lovegrove 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 2012-12-06 with Psychology categories.
This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.