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How to Measure the Quality of Judicial Reasoning

How to Measure the Quality of Judicial Reasoning

Author: Matyas Bencze; Gar Yein Ng
Publisher: Springer-Verlag
ISBN: 9783319973159
Published In: September 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

Chapter 1. Measuring the Unmeasurable?

Chapter 2. Judging and the Ethical Life

Chapter 3. How to Measure? An Essay on the Social Context of Quality Measuring Quality

Chapter 4. Judicial reasoning from the Perspective of Behavioural Law and Economics

Chapter 5. Quality of Justice and Lay Participation in Light of Scientific Studies

Chapter 6. Obstacles and Opportunities - Measuring the Quality of Judicial Reasoning

Chapter 7. Quality of Judicial Reasoning: England & Wales

Chapter 8. Quality of Justice and of Judicial Reasoning in Italy

Chapter 9. The Quality of Adjudication in France

Chapter 10. Quality of Legal Decisions: The Criteria Established by the Finnish Judiciary

Chapter 11. Quality of Justice and of Judicial Reasoning in the Czech Republic

Chapter 12. Methods of Quality Assessment of Judicial Reasoning in Hungary