Description

Book Synopsis

This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker’s methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand’s claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter’s idea of modest objectivity in law.



Table of Contents

Judicial Impartiality in European Legal Systems – Judicial bias – Truth as a qualifier of judicial objectivity and judicial verophobia – Objective textual interpretation – Objectified judicial discretion – Objectivity as fairness.

The Objectivity of Judicial Decisions: A

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    A Hardback by Vito Breda

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      Publisher: Peter Lang AG
      Publication Date: Publication Date: 30/11/2016
      ISBN13: 9783631675908, 978-3631675908
      ISBN10: 3631675909

      Description

      Book Synopsis

      This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker’s methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand’s claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter’s idea of modest objectivity in law.



      Table of Contents

      Judicial Impartiality in European Legal Systems – Judicial bias – Truth as a qualifier of judicial objectivity and judicial verophobia – Objective textual interpretation – Objectified judicial discretion – Objectivity as fairness.

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