The Objectivity of Judicial Decisions: A Comparative Analysis of Nine Jurisdictions

ISBN-13: 9783631675908 / Angielski / Twarda / 2016 / 135 str.

Vito Breda

Opis

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.

Spis treści

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.

O autorze

Vito Breda is the Research Leader of the Comparative Law Group at the School of Law of the University of Southern Queensland. He held a tenure position in Cardiff and renewed visiting chairs at the University of Deusto. His research interests include European Law and Comparative Law.