Pregled bibliografske jedinice broj: 1028804
Do Judicial Decision-Making and Quantum Mechanics Have Anything in Common? A Contribution to Realist Theories of Adjudication at the CJEU
Do Judicial Decision-Making and Quantum Mechanics Have Anything in Common? A Contribution to Realist Theories of Adjudication at the CJEU // The Role of Courts in Contemporary Legal Orders / Belov, Martin (ur.).
Den Haag: Eleven International Publishing, 2019. str. 83-98
CROSBI ID: 1028804 Za ispravke kontaktirajte CROSBI podršku putem web obrasca
Naslov
Do Judicial Decision-Making and Quantum Mechanics
Have Anything in Common? A Contribution to Realist
Theories of Adjudication at the CJEU
Autori
Ćapeta, Tamara
Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni
Knjiga
The Role of Courts in Contemporary Legal Orders
Urednik/ci
Belov, Martin
Izdavač
Eleven International Publishing
Grad
Den Haag
Godina
2019
Raspon stranica
83-98
ISBN
978-94-6236-920-7
Ključne riječi
CJEU, judicial interpretation. adjudication, legal realism, quantum mechanics
Sažetak
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.
Izvorni jezik
Engleski
Znanstvena područja
Interdisciplinarne prirodne znanosti, Pravo
