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How to Measure the Quality of Judicial Reasoning

Edited by: Matyas Bencze, Gar Yein Ng

ISBN13: 9783319973159
Published: September 2018
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £139.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Judiciary
Contents:
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
Chapter 13 Quality of Reasoning in International Criminal Tribunals
Chapter 14. The Quality of Decision-Making at the Court of Justice of the European Union
Chapter 15. Reflections on Legal Reasoning in the Case Law of the European Court of Human Rights.