Administrative / Constitutional Law

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

By Vito Breda
Peter Lang AG November 2016

Specifications

ISBN-13
9783631675908
Publisher
Peter Lang AG
Publication
November 2016
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

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