The Objectivity of Judicial Decisions
A Comparative Analysis of Nine Jurisdictions| By: | Vito Breda |
| Publisher: | Peter Lang |
| Print ISBN: | 9783631675908 |
| eText ISBN: | 9783631702123 |
| Edition: | 1 |
| Copyright: | 2017 |
| Format: | Reflowable |
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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.