Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives

ISBN-13: 9783031117435 / Angielski / Twarda / 2022 / 204 str.

Piotr Bystranowski; Bartosz Janik; Maciej Próchnicki

Opis

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.

Spis treści

Introduction.- What do we Mean by Precedent? Empirical Evidence of Ordinary Usage.- Severity Bias Across Different Types of Mens rea.- "That's Him!": Evaluating a Hypothesis about Guilt Within the Context of a Suspect Lineup.- Judicial Discretion and Debiasing.- The Whole Truth About Dina: Judicial Reasoning and the Conjunction Fallacy.- An Analytic Framework for the Study of Legal Actors.- Judicial Activism – The Need for Parameters: Analysis of Legal Reasoning in Judicial Review.- How Authoritarian is the Slovenian Constitutional Court?.- Hercules on a Diet.- Exploring the Challenges of Artificial Judicial Decision Making for Liberal Democracy.

O autorze

Piotr Bystranowski is an assistant professor at the Interdisciplinary Centre for Ethics at the Jagiellonian University. His research interests include philosophy of criminal law, judicial decision-making, computational methods in law and philosophy.

Bartosz Janik is an adjunct professor at the Faculty of Law and Administration at the University of Silesia in Katowice. His research interests include analytical philosophy of law, judicial decision making and philosophy of psychiatry.

Maciej Próchnicki is a PhD Candidate at Jagiellonian University, where he prepares a dissertation about issuing numerical verdicts in legal proceedings. His research interests include topics at the intersection of legal and cognitive sciences, especially judicial decision making.

Blurb

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.