How to measure the quality of judicial reasoning. ([2018])

• Record Type: Book
• Further Information: Note: Mátyás Bencze, Gar Yein Ng, editors.
• Editors: Bencze, Mátyás, 1973-; Ng, Gar Yein, 1978-
• Contents: Intro; Contents; Editors and Contributors; 1 Measuring the Unmeasurable?; Abstract; 1 Measuring the Quality of Judicial Reasoning; 2 Country Studies: A Comparative Experience; 3 Measuring the Quality of Judicial Reasoning in Supranational Courts; 4 Conclusion; References; 2 Judging and the Ethical Life; Abstract; 1 Introduction; 2 The Unjust Judge; 2.1 The Anxious Judge; 2.2 The Judge in the Middle; 2.3 Forgetting the Widow; 2.4 Escape into Rules; 2.5 The Judge Disappears; 2.6 The Widow Disappears; 3 Moral Machines; 3.1 Robojudge; 3.2 The Kantian Saint; 3.3 Hard Cases Make Bad Law 4 Confronting the Widow4.1 Domesticating the Particular; 4.2 The Anxiety of the Particular; 4.3 Listening to the Particular; 5 In the Judgement Space; 5.1 The Particularity Void; 5.2 Masters of Law; 5.3 Attention; 5.4 At Homeness: Insight and the Hunch; 6 Conclusion; 6.1 At the Limits of Language; 6.2 Beyond Text; 6.3 The Judge and the Ethical Life; References; 3 How to Measure? An Essay on the Social Context of Measuring Quality; Abstract; 1 The Nature of Judicial Work; 2 Justice or Right?; 3 Measurement as Control; 4 Quality Control?; 5 The Context of Measuring Judges; References 4 Judicial Reasoning from the Perspective of Behavioural Law and EconomicsAbstract; 1 Introduction; 2 The Quality of Judicial Decision-Making and Its Limits-The Impact of Heuristics and Biases on Adjudication; 3 Adjudication Under the Shadow of Emotions; 4 Conclusion; Acknowledgements; References; 5 Quality of Justice and Lay Participation in the Light of &!blank; Scientific Studies; Abstract; 1 Introduction; 2 The Importance of Lay Participation in the 21st Century; 2.1 Lay Justice as a Means of Self-governance in Democratic Societies 3 Lay Participation in Dispensing Justice as a Means of Strengthening the Legitimacy of Justice4 Lay Persons as Fact-Finders; 5 Control Function; 6 Conclusions; Acknowledgements; References; 6 Obstacles and Opportunities-Measuring the Quality of Judicial Reasoning; Abstract; 1 Introduction; 2 Why Reasoning?; 3 Standards of the Evaluation; 4 Who Measures?; 5 How to Measure?; 5.1 The Direct Form of Evaluation; 5.2 Indirect Quality Assessment; 6 Conclusion; References; 7 Quality of Judicial Reasoning: England and Wales; Abstract; 1 Introduction; 2 Role of the Judge in England and Wales 3 Standards of Judicial Reasoning: 'The Pull of Justification'3.1 Why Give Reasons?; 3.2 How to Give Reasons?; 4 Skills and Knowledge: Judges as Professionals and Measuring the Standards; 4.1 Merit-Based Appointments and Judicial Skill; 4.2 Quality of Judicial Reasoning at the Supreme Court; 4.3 Quality Standards and Judicial Reasoning: Administrative Tribunals; 5 Other Factors Affecting the Quality of Judicial Reasons; 6 Conclusions; Acknowledgements; References; 8 Quality of Justice and of Judicial Reasoning in Italy; Abstract; 1 The Question of the Quality of Justice in Italy
• Publisher Details: Cham, switzerland : Springer
• Publication Date: 2018
• Extent: 1 online resource
• Subjects: 347/.014; Law; Judicial process; Justice, Administration of; LAW / Civil Procedure; LAW / Legal Services; POLITICAL SCIENCE / Government / Judicial Branch; Law -- Reference; Jurisprudence & philosophy of law; Law -- International; International law; Electronic books
• Languages: English
• ISBNs: 9783319973166; 3319973169
• Related ISBNs: 9783319973159
• Notes: Note: Description based on online resource; title from digital title page (viewed on September 14, 2018).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.