engleski

Do Judicial Decision-Making and Quantum Mechanics Have Anything in Common? A Contribution to Realist Theories of Adjudication at the CJEU

Is judicial decision-making a science or an art? The debate on the question of what happens in the judicial process is often termed in this way. It reflects the difference between legal formalists and legal realists in their descriptions of judicial decision-making. In a nutshell, the former see judging as an objective system which judges follow, whereas the latter see it as a more intuitive process. Therefore, the comparison with science aims to say that judging is not based on the subjective point of view of judges. This contribution questions this proposal, and claim that the way in which legal realists explain judicial decision-making can also be explained by using science as a comparator. From this perspective, it makes a parallel between judicial decision-making and quantum physics.

CJEU, judicial interpretation. adjudication, legal realism, quantum mechanics

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