How to Measure the Quality of Judicial Reasoning

How to Measure the Quality of Judicial Reasoning PDF Author: Mátyás Bencze
Publisher: Springer
ISBN: 3319973169
Category : Law
Languages : en
Pages : 268

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Book Description
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.

How to Heasure the Quality of Judicial Reasoning

How to Heasure the Quality of Judicial Reasoning PDF Author: Mátyás Bencze
Publisher:
ISBN: 9783319973173
Category : LAW
Languages : en
Pages :

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Book Description
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Law, Reason and Emotion

Law, Reason and Emotion PDF Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
ISBN: 8595470391
Category : Law
Languages : en
Pages : 887

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Book Description
Volume III: Working Groups

The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies

The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies PDF Author: Lan Ngoc Nguyen
Publisher: Cambridge University Press
ISBN: 1108988423
Category : Law
Languages : en
Pages : 353

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Book Description
This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.

Judicial Writing Manual

Judicial Writing Manual PDF Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 56

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Book Description


Judges and Democratization

Judges and Democratization PDF Author: B. C. Smith
Publisher: Taylor & Francis
ISBN: 1000786439
Category : Political Science
Languages : en
Pages : 326

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Book Description
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

The Limits of Legal Reasoning and the European Court of Justice

The Limits of Legal Reasoning and the European Court of Justice PDF Author: Gerard Conway
Publisher: Cambridge University Press
ISBN: 1107001390
Category : Law
Languages : en
Pages : 347

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Book Description
Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.

Making Peoples Heard

Making Peoples Heard PDF Author: Asbjørn Eide
Publisher: BRILL
ISBN: 9004215808
Category : Law
Languages : en
Pages : 676

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Book Description
A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.

Legal System and Lawyers' Reasonings

Legal System and Lawyers' Reasonings PDF Author: Julius Stone
Publisher:
ISBN: 9788175341364
Category : Jurisprudence
Languages : en
Pages : 0

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Book Description