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.

Download full-text PDF

Source
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC9999048PMC
http://dx.doi.org/10.12688/f1000research.126482.1DOI Listing

Publication Analysis

Top Keywords

rules law
12
decision making
8
judicial rules
8
law making
8
extraneous factors
8
decision-making process
8
judicial
6
making
5
rules
5
judicial breakfast
4

Similar Publications

Professional liability and litigation in dental medicine: an analysis of the Portuguese context.

J Forensic Odontostomatol

December 2024

Faculdade de Medicina Dentária da Universidade do Porto.

Article Synopsis
  • Dentists are regulated by a Deontological Code that outlines their professional duties and obligations, which are essential in the legal relationship with patients concerning treatment agreements.
  • The study aimed to analyze court decisions in Portugal relating to dentists and patient claims, focusing on various factors like patient demographics, type of liability, and outcome of the claims.
  • A survey of judgments from multiple Portuguese Superior Courts was conducted, including a summary of the legal context and decisions that emerged regarding dental practice.
View Article and Find Full Text PDF

Intractable conflicts over end-of-life decisions: A descriptive and ethical analysis of French case-law.

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 PDF
Article Synopsis
  • The study examines trends and epidemiology of pediatric burns in Dutch burn centers from 2009 to 2022, highlighting the need for effective prevention strategies and resource allocation.
  • The analysis revealed a gradual increase in pediatric burn admissions, with a temporary decrease during the COVID-19 pandemic; 77% of patients were overnight admissions.
  • Young children (ages 0-3) were the most affected group, and a shift toward shorter hospital stays and increased day admissions was noted, especially during the pandemic.
View Article and Find Full Text PDF
Article Synopsis
  • The Johnson and Johnson faulty hip implant case affected nearly 93,000 patients globally, prompting immediate action like revision surgeries and reimbursements in several countries, while India faced a significant delay.
  • In India, defective implants continued to be sold after a global recall, resulting in 4,700 surgeries before the government intervened.
  • The paper analyzes India's weak medical device regulations, pointing out failures in monitoring, oversight, and patient tracing, ultimately calling for urgent reforms to enhance patient safety.
View Article and Find Full Text PDF

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.

View Article and Find Full Text PDF

Want AI Summaries of new PubMed Abstracts delivered to your In-box?

Enter search terms and have AI summaries delivered each week - change queries or unsubscribe any time!