The objectivity of judicial decisions: a comparative analysis of nine jurisdictions

Breda, Vito (2017) The objectivity of judicial decisions: a comparative analysis of nine jurisdictions. Studies in Politics, Security and Society, 7. Peter Lang, New York, United States. ISBN 9783631675908

Abstract

The concept of judicial objectivity is a cornerstone of modern legal systems. This book reports a comparative analysis of a large study (over 1000 cases) on the judicial qualification of the concept of objectivity. These are cases in which there is an allegation of bias, unfairness, or injustice. The legal systems considered are: the British, the Italian, the Brazilian, the Hungarian, the Lithuanian, the Slovakian, the Slovenian, the Spanish, and the Romanian. The results of the study directly confirm Legrand’s claims of pre-judices in legal discourse, and as corollary, Coleman and Leiter’s idea of modest objectivity in law. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. Coleman and Leiter theorised the effects of a judge’s preferences in legal reasoning.


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Item Type: Book (Commonwealth Reporting Category A)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. Peter Lang. Files associated with this record may not be displayed.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 17 Oct 2016 00:12
Last Modified: 04 Jan 2018 00:03
Uncontrolled Keywords: jurisprudence, legal positivism, legal semiotic, legal reasoning, judicial bias, justice
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
20 Language, Communication and Culture > 2003 Language Studies > 200302 English Language
18 Law and Legal Studies > 1801 Law > 180104 Civil Law and Procedure
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
22 Philosophy and Religious Studies > 2202 History and Philosophy of Specific Fields > 220204 History and Philosophy of Law and Justice
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/29698

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