The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and political environment. The discourse between the two sides is incomplete without exploring the grand theories: formalism and realism. The antimony between the two theories resulted in theoretical analysis and empirical research. The realism challenged the existing logical reasoning and legal rules that judges use in making their judgment as they contend that judges applying rules and law in their decision-making process are irrational and mechanical. Formalism insists on using the judicial rules and the law in making decisions as opposed to extraneous factors, which realists contend should be the basis for decision making with laws and rules only to support the findings. The continental legal theory holds that legal realism is a hard-nosed, down-to-earth, and practical school of thought that is opposed to mechanical and scientific theories. The scholarly analysis of the judicial decision-making process brings into focus the conduct of judicial officers and whether they base their reasoning on extrajudicial issues. However, the discussion should avoid denigrating into an attack on the personality of judges as it undermines the rule of law.
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http://dx.doi.org/10.12688/f1000research.126482.1 | DOI Listing |
J Forensic Odontostomatol
December 2024
Faculdade de Medicina Dentária da Universidade do Porto.
Anaesth Crit Care Pain Med
December 2024
Centre de Recherche des Cordeliers, Sorbonne Université, Université, Paris Cité, Inserm, Laboratoire ETREs, Paris, France; Unité Fonctionnelle d'Ethique Médicale, Hôpital Necker-Enfants malades, AP-HP, Paris, France.
Context: In European and Anglo-Saxon countries, life-sustaining treatment (LST) limitation decisions precede more than 80% of ICU deaths. However, there is now increasing evidence of disagreement and conflict between clinical teams and family members over LST limitation decisions. In some cases, these conflicts are brought to the courts.
View Article and Find Full Text PDFEur J Pediatr
January 2025
Alliance of Dutch Burn Care, Burn Center, Red Cross Hospital, PO Box 1074, 1940 EB, Beverwijk, the Netherlands.
World J Orthop
December 2024
Law, Gujarat National Law University, Ahmedabad 382426, Gujarat, India.
Ecol Lett
December 2024
Department of Biological Sciences, Rensselaer Polytechnic Institute, Troy, New York, USA.
Identifying the scaling rules describing ecological patterns across time and space is a central challenge in ecology. Taylor's law of fluctuation scaling, which states that the variance of a population's size or density is proportional to a positive power of the mean size or density, has been widely observed in population dynamics and characterizes variability in multiple scientific domains. However, it is unclear if this phenomenon accurately describes ecological patterns across many orders of magnitude in time, and therefore links otherwise disparate observations.
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