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1
Murphy, Richard. "Politics and Policy Change in American Administrative Law". Windsor Yearbook of Access to Justice 28, n. 2 (1 ottobre 2010): 325. http://dx.doi.org/10.22329/wyaj.v28i2.4502.
Abstract (sommario):
This essay uses Justice Scalia’s and Breyer’s dueling opinions in FCC v. Fox Television Stations, Inc. (2009), as a vehicle for exploring the contested relationship between politics and policy change in administrative law. In Fox, a five – justice majority led by Justice Scalia insisted that an agency’s abandonment of an old policy position in favor of a new one should survive review for arbitrariness so long as the agency explains why its new position is reasonable. A different five – justice majority (yes – that adds up to ten) led by Justice Breyer thought that Justice Scalia’s stance left too much room for politicization of policymaking. To curb such influence, Justice Breyer insisted that an agency, to justify abandoning an old policy, must explain why it was reasonable to change from its old policy to the new one. Neither of these two approaches in Fox hits quite the right note. Justice Scalia’s view unduly minimizes the problem of politicization. Justice Breyer’s solution seems formalistic and easy to evade. A better way forward may lie in combining Justice Scalia’s simpler framework with Justice Breyer’s more suspicious attitude. Taking a cue from Justice Frankfurter in Universal Camera, the courts should respond to the potential for excessive politicization of agency policymaking not with more doctrinal metaphysics but with a suspicious “mood.”Cet article se base sur les opinions adverses des juges Scalia et Breyer dans FCC v. Fox Television Stations Inc. (2009) comme véhicule pour explorer le rapport contesté entre la politique et les changements de politiques en droit administratif. Dans Fox, une majorité de cinq juges dirigée par le juge Scalia a insisté que l’abandon d’une ancienne politique par une agence en faveur d’une nouvelle politique devrait survivre à un examen pour juger si elle est arbitraire en autant que l’agence explique pourquoi sa nouvelle politique est raisonnable. Une autre majorité de cinq juges (oui – cela fait dix) dirigée par le juge Breyer a trouvé que la position du juge Scalia laissait trop de place à la politisation de l’élaboration de politiques. Pour enrayer cette influence, le juge Breyer a insisté que l’agence, pour justifier l’abandon d’une ancienne politique, doit expliquer pourquoi il était raisonnable de changer de l’ancienne à la nouvelle. Ni l’une ni l’autre de ces approches n’est tout à fait dans la note. L’avis du juge Scalia minimise trop le problème de politisation. La solution du juge Breyer semble formaliste et facile à contourner. Une meilleure façon d’avancer serait peut – être de combiner le cadre plus simple du juge Scalia avec l’attitude plus soupçonneuse du juge Breyer. En suivant l’exemple du juge Frankfurter dans Universal Camera, les tribunaux devraient réagir contre le potentiel de politisation excessive de l’élaboration de politiques par une agence non pas avec une métaphysique plus doctrinale mais avec une «disposition» soupçonneuse.
2
Cliche, Marie-Aimée. "L’infanticide dans la région de Québec (1660-1969)". Revue d'histoire de l'Amérique française 44, n. 1 (24 settembre 2008): 31–59. http://dx.doi.org/10.7202/304862ar.
Abstract (sommario):
RÉSUMÉ Depuis le début de la colonie jusqu’à nos jours, un certain nombre de jeunes filles ont eu recours à l’infanticide pour échapper au déshonneur d’une maternité hors mariage. Les 392 cas repérés dans les archives judiciaires du district de Québec révèlent que les circonstances entourant l’infanticide et les motivations des mères n’ont pas changé au cours de trois siècles, bien que leur nombre aille en diminuant. L’attitude des juges, par contre, évolue énormément, passant d’une sévérité impitoyable sous le Régime français à une attitude de clémence pleine de paternalisme à partir du XIXe siècle. On relève les mêmes traits dans d’autres régions, notamment en Ontario, ce qui dénote des comportements semblables dans les sociétés qui partagent les mêmes valeurs patriarcales.
3
Ferreri, Silvia. "General Report: Complexity of Transnational Sources". European Review of Private Law 20, Issue 1 (1 febbraio 2012): 3–50. http://dx.doi.org/10.54648/erpl2012002.
Abstract (sommario):
Abstract: The general report highlights the replies given to nine questions, by scholars from different legal systems. The problem of the fragmentation of international sources of law has been widely considered in the literature. It affects also the private law field. Judges and practitioners dealing with cross-border cases have to districate themselves between local rules on conflict of laws, international treaties on the law applicable to transnational relationships, conventions providing uniform material rules, and collections of principles by non-governmental organizations. The enquiry showed that the concern about the difficulty of districating this complex network of rules is mainly shown by academics. The supporting role of the executive (providing information about international obligations) is not everywhere reliable. Judges sometimes receive special training to tackle the increasing complexity of transnational law, but mostly in connection with EU law. The benefit that might be attached to a courts' specialization (in international commercial matters) is not as higly valued as to be implemented everywhere; the attitude of administrative, commercial, criminal courts is not perceived as highly diversified. In some countries the courts do adopt strategies to elude the difficulty (by a presumption of identity of the foreign sources with the local ones, by attaching a waiver of their rights to the parties' omission to plead the foreign law immediately, etc.). No definite suggestions on how to increase the awareness about the problem and how to face it seem easily available. Résumé: Le rapport général commente les réponses données par les rapporteurs nationaux à neuf questions concernant la complexité des sources transnationales. Le problème de la fragmentation des sources internationales du droit est discutée depuis de nombreuses années dans la littérature juridique: elle concerne aussi le droit privé. Les juges, les avocats, les praticiens du droit confrontés à des questions qui dépassent les frontières nationales doivent se débattre parmi les règles nationales de droit international privé, les traités internationaux concernant les conflits de lois, les conventions qui règlent de façon uniforme les rapports transnationaux, les innombrables principes issus d'organisations non gouvernementales. Les études entreprises dans ce secteur indiquent que le souci concernant la difficulté à s'orienter parmi cet ensemble inextricable de règles est exprimé principalement par le monde académique, tandis que le pouvoir exécutif (chargé d'informer les juristes sur les obligations internationals de l'Etat) ne joue pas toujours efficacement son rôle de support; une formation spéciale est offerte aux juges, mais surtout pour le droit de l'Union Européenne; l'avantage qui pourrait dériver d'une spécialisation des cours (en droit du commerce international) n'est pas considéré partout comme une nécessité; le comportement des tribunaux administratifs, criminels, commerciaux n'est pas perçu comme très différencié selon le sujet des sources transnationales. Les juges de certains pays mettent en oeuvre des stratégies pour contourner ces difficultés (en faisant recours à une presumption d'identité entre le droit étranger et le droit national, en présumant une renonciation à l'application du droit extra-national si les parties n'ont pas soulevé la question dès le début du procès, etc.). Il n'est pas aisé de formuler des suggestions sur la façon dont on pourrait augmenter la perception du problème ni sur la manière par laquelle on pourrait faire face à cette complexité croissante.
4
Malandain, Gilles. "La conspiration solitaire d'un ouvrier théophilanthrope : Louvel et l'assassinat du duc de Berry en 1820." Revue historique o 614, n. 2 (1 febbraio 2000): 367–94. http://dx.doi.org/10.3917/rhis.g2000.614n2.0367.
Abstract (sommario):
Résumé L'article se propose d'éclairer, à travers le cas de Louvel, l'ouvrier sellier qui assassina le duc de Berry le 13 février 1820, certains aspects de la place du peuple en politique sous la monarchie censitaire. L'étude porte d'abord sur la façon dont Louvel a été perçu et jugé en 1820 : dans des registres distincts, discours politiques et judiciaires, occasionnels et mémoires montrent tous la difficulté des contemporains à comprendre ou à admettre la possibilité d'un acte autonome et délibéré, et à en discuter le sens politique. Dans un second temps, l'analyse de sources judiciaires originales permet de saisir le point de vue de Louvel lui-même et son attitude face à ses juges. S'y dessine le portrait d'un patriote formé par l'éducation révolutionnaire et admirateur de Napoléon, décidé à revendiquer jusqu'au bout la pleine responsabilité d'un acte vécu comme un sacrifice exemplaire et justifié, et qui peut apparaître comme une protestation cohérente contre le refoulement du plus grand nombre hors du jeu politique.
5
Vergès, Etienne, e Lara Khoury. "Le traitement judiciaire de la preuve scientifique : une modélisation des attitudes du juge face à la connaissance scientifique en droit de la responsabilité civile". Les Cahiers de droit 58, n. 3 (12 settembre 2017): 517–48. http://dx.doi.org/10.7202/1041010ar.
Abstract (sommario):
Le traitement judiciaire de la preuve scientifique en droit de la responsabilité civile en présence d’incertitude ou de débats est un sujet qui fait couler de plus en plus d’encre. Dans leur étude de droit comparé qui porte sur des jugements au fond de la France et du Québec, les auteurs évaluent la façon dont le juge accède à la conviction qu’un fait est prouvé lorsque cette représentation intellectuelle passe par la médiation de la connaissance scientifique, c’est-à-dire qu’elle nécessite d’avoir recours à une analyse scientifique de la situation de fait. L’étude s’interroge donc sur la manière dont les juges français et québécois appréhendent cette connaissance scientifique et se focalise ainsi sur le rapport des juges à la connaissance scientifique. En se penchant sur le raisonnement judiciaire français et québécois en matière de responsabilité civile, l’étude permet d’évaluer ce rapport au sein d’un champ de droit dont les racines sont similaires dans les deux ressorts, à la lumière toutefois d’une structure judiciaire et d’un droit de la preuve distincts.
6
Schnabel, Konrad, e Jens B. Asendorpf. "Free Associations as A Measure of Stable Implicit Attitudes". European Journal of Personality 27, n. 1 (gennaio 2013): 39–50. http://dx.doi.org/10.1002/per.1890.
Abstract (sommario):
Two studies explored the psychometric properties of free association methods for the assessment of attitudes. Even though the stability of the actual associations was rather low, psychometric properties of the valence estimates of the free associations were highly satisfactory. Valence estimates of associations were provided by independent judges who rated the valence of the associations that were generated by participants. Valence estimates of the associations showed satisfactory internal consistencies and retest reliabilities over three weeks. Additionally, valence estimates of the associations were significantly and independently related to both explicit self–reported attitudes and implicit attitudes that were assessed with an Ossi–Wessi Implicit Association Test. Free association methods represent a useful complement to the family of implicit measures and are especially suitable for the assessment of non–relative attitudes towards single attitude objects. Copyright © 2012 John Wiley & Sons, Ltd.
7
Saji, Sherin Maria, Vinaya Kumar Hebsale Mallappa e Minal Rathwa. "A Tool to Measure the Attitude of Farmers Toward Conservation Agriculture". INDIAN JOURNAL OF EXTENSION EDUCATION 59, n. 2 (2023): 118–20. http://dx.doi.org/10.48165/ijee.2023.59225.
Abstract (sommario):
When assessing farmers’ predispositions and developing a strategy for extension work in the region, the attitude of farmers toward conservation agriculture is a crucial consideration. The purpose of this study was to develop a valid and reliable instrument for assessing farmers’ attitudes toward conservation agriculture. The scale product method is used to construct the scale. It is a hybrid of the Likert and Thurstone techniques. The study was conducted in March 2022. On a 5-point scale, 65 judges evaluated 25 statements. Finally, 18 statements including 14 positive statements and 4 negative statements were chosen to build a scale that would assess the attitude of farmers towards conservation agriculture. The scale was found reliable, with the reliability coefficient (r) (Guttman split-half Coefficient and Spearman-Brown Coefficient Equal Length) determined to be 0.917. The scale’s validity was evaluated using expert judgement. Employing the scale in research will aid in knowing farmers’ attitudes about conservation agriculture.
8
Maula, Bani Syarif, e Vivi Ariyanti. "The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era". Al-Istinbath : Jurnal Hukum Islam 6, n. 2 (11 novembre 2021): 313. http://dx.doi.org/10.29240/jhi.v6i2.3465.
Abstract (sommario):
This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.
9
Medley, Morris L., e James A. Schellenberg. "Attitudes of Indiana judges toward mediation". Mediation Quarterly 11, n. 4 (giugno 1994): 329–37. http://dx.doi.org/10.1002/crq.3900110405.
10
Gunarto, Marcus Priyo. "Sikap Memidana yang Berorientasi pada Tujuan Pemidanaan". Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 21, n. 1 (23 febbraio 2012): 93. http://dx.doi.org/10.22146/jmh.16248.
Abstract (sommario):
Punitive attitudes of law enforcers in some criminal cases seem not to benefit the convict, as it does not support the main objective of the criminal justice system. This is because of the absence of binding direction which guides judges in making judgments. In order to benefit the convict, criminal law should formulate a binding direction as well as individualizing punishment which bind all the criminal court. Moreover, there should also be a common understanding among law enforcers that punitive attitude should be balanced with curing attitude. Therefore, physical, substantial and cultural synchronization are needed. The physical synchronization can be conducted through synergy among law enforcers as part of the criminal justice system. The substantial synchronization can be realized through the availability of common understanding among law enforces.
11
Maheswaran, Meenu, e R. D. Pandya. "DEVELOPMENT OF SCALE ON ATTITUDE OF WOMAN FACULTIES TOWARDS PROFESSIONALISM". Gujarat Journal of Extension Education 33, n. 2 (25 giugno 2022): 1–4. http://dx.doi.org/10.56572/gjoee.2022.33.2.0001.
Abstract (sommario):
Professionalism is pertinent in all service-providing professions. Considerable number of women are pursuing their professional careers in agriculture and allied sectors in teaching, research and extension fields. Women aspires for adequate attention, honour and recognition in their professional life. Behaviour of their working, acquisition of habits, interest are all affected by the nature of attitudes. Appropriate scale was not developed so far to measure the attitude of woman faculties towards professionalism. Hence, an attempt was made to develop a scale for this purpose. The scale was developed particularly for measuring the attitude of woman working in state agricultural universities of Gujarat towards professionalism. The technique chosen to develop the attitude scale was 'Scale Product Method' which combines the Thurston's scale (1928) and Likert's scale (1932). A schedule of statements was prepared and sent to 100 judges in order to found its appropriateness on eleven point continuum. Based on 'S' value and 'Q' value calculated for each item, 16 items were finally selected to constitute the attitude scale. The developed attitude scale was found highly reliable with a correlation coefficient of 0.98 and valid as per experts' judgments.
12
Reckers, Philip M. J., Marianne Jennings, D. Jordan Lowe e Kurt Pany. "Judges' Attitudes toward the Public Accounting Profession". European Accounting Review 16, n. 3 (settembre 2007): 625–45. http://dx.doi.org/10.1080/09638180701507197.
13
Ash, Elliott, Daniel L. Chen e Arianna Ornaghi. "Gender Attitudes in the Judiciary: Evidence from US Circuit Courts". American Economic Journal: Applied Economics 16, n. 1 (1 gennaio 2024): 314–50. http://dx.doi.org/10.1257/app.20210435.
Abstract (sommario):
Do gender attitudes influence interactions with female judges in US circuit courts? In this paper, we propose a judge-specific measure of gender attitudes based on use of gender-stereotyped language in the judge’s authored opinions. Exploiting quasi-random assignment of judges to cases and conditioning on judges’ characteristics, we validate the measure showing that higher-slant judges vote more conservatively in gender-related cases. Higher-slant judges interact differently with female colleagues: they are more likely to reverse lower court decisions if the lower court judge is a woman than a man, are less likely to assign opinions to female judges, and cite fewer female-authored opinions. (JEL D91, J16, K41)
14
Khodzhaeva, Ekaterina A. "Legal Scholars’ Attitudes to Jury Trial: Differences in Professional Experience". Zakon 20, n. 11 (novembre 2023): 157–63. http://dx.doi.org/10.37239/0869-4400-2023-20-11-157-163.
Abstract (sommario):
The paper presents the differences in the legal scholars’ attitudes on the acceptability of jury trial in Russian legal system. Based on qualitative observations in district courts and expert conversations with law enforcement officers and judges, a sceptical attitude towards jury trials is revealed. This scepticism was tested in a questionnaire survey of legal scholars in 2022 (3,766 Russian authors registered in the Russian Science Citation Index were included). Statistically significant differences were found in the opinions on jury trial among those legal scholars who have experience in law enforcement and the court system (30 and 27%, respectively, have a negative attitude towards this institution) and as defence lawyers (14% of negative opinions). Among those who continue their professional activities in these status, the differences are even higher. With former law enforcement officials representing a third of the legal academy and legal education in Russia, and former defence lawyers representing less than a tenth of it, the scepticism about jury trials is expected to spread further.
15
INGRAM, MATTHEW C. "Networked Justice: Judges, the Diffusion of Ideas, and Legal Reform Movements in Mexico". Journal of Latin American Studies 48, n. 4 (24 ottobre 2016): 739–68. http://dx.doi.org/10.1017/s0022216x16001486.
Abstract (sommario):
AbstractExisting research shows that the ideas of judges shape their behaviour. A natural next question to ask is, where do these ideas come from? Yet, there is little empirical evidence regarding the content and distribution of these ideas and even less evidence regarding the sources of these ideas, especially how ideas transfer or diffuse among judges. In this article, a survey of judges in the Mexican state of Michoacán generates original data on the attitudes and professional ties among these legal elites, and a mixed-methods design examines the diffusion of these attitudes along these ties, sequencing quantitative network analyses and interviews with judges to strengthen causal inferences. The core finding that the social structure of judges influences the attitudes judges hold contributes a valuable analytic complement to scholarship on comparative judicial behaviour, and clarifies our understanding of the role of judicial networks in strengthening democracy and the rule of law.
16
North, Adrian C., e Lorraine P. Sheridan. "Death, Attractiveness, Moral Conduct, and Attitudes to Public Figures". OMEGA - Journal of Death and Dying 60, n. 4 (giugno 2010): 351–63. http://dx.doi.org/10.2190/om.60.4.c.
Abstract (sommario):
In this study, 2,894 participants rated attitudes toward their favorite public figure on the Celebrity Attitude Scale. It was noted whether each figure was alive or dead, and a panel of four independent judges assessed each in terms of their moral conduct and physical attractiveness. Dead figures appealed less and were subject to lower “intense personal” celebrity worship, and death was unrelated to “borderline pathological” and “deleterious imitation” celebrity worship. Physical attractiveness was positively related to overall celebrity worship and “intense personal” celebrity worship, but negatively related to “borderline pathological” and “deleterious imitation” celebrity worship. Moral conduct was associated negatively with “deleterious imitation” celebrity worship. Results are discussed briefly in terms of their implications for research on physical attractiveness and “copycat suicide.”
17
Utami, Putu Devi Yustisia, Kadek Agus Sudiarawan, Dewa Gede Sudika Mangku e Alvyn Chaisar Perwira Nanggala Pratama. "Sistem Hukum dalam Penyelesaian Perkara Perceraian pada Perkawinan Campuran di Indonesia". Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, n. 1 (30 marzo 2022): 189. http://dx.doi.org/10.17977/um019v7i1p189-197.
Abstract (sommario):
This study aimed to analyze the legal system and the attitude of judges to resolve intermarriage divorce cases. This study used a normative juridical method with a statutory and conceptual approach. The study results showed that the judge determines the legal system in intermarriage divorce cases by evaluating the link points and collecting facts to find a relationship between the case and the possible legal system used based on the principles of international civil law. The attitude of judges in efforts to resolve mixed marriage divorce cases should not necessarily apply to Indonesian law. Judges should pay attention to foreign national parties' personal and national legal status based on Article 16 Algemeene Bepalingen van Wetgeving Voor Nederlands Indie.
18
Christiani, Theresia Anita. "LEGAL ANALYSIS OF BANKRUPTCY IN THE PERSPECTIVE OF LEGAL PURPOSES". Jurnal Pembaharuan Hukum 8, n. 1 (17 marzo 2021): 73. http://dx.doi.org/10.26532/jph.v8i1.11562.
Abstract (sommario):
Law Number 37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend the Bankruptcy And Suspension Of Debt Payment Obligations Law took time. Concrete conceptual proposals so that the application of articles a (1) and Article 8 (4) can realize values by changing the attitude of judges who decide not only based on legal certainty. The Judge's attitude in deciding must also be based on the potential impact of Bankruptcy on the Debtor, whether it will lead to benefit or justice. The constitutive nature of decisions also affects changes in judge attitudes.
19
Reznik, Oleksandr, e Oleg Kozlovskiy. "Socio-demographic factors of Ukrainians’ attitude to the judiciary". Sociology: Theory, Methods, Marketing, Issue Stmm 2020 (2) (15 maggio 2020): 42–56. http://dx.doi.org/10.15407/sociology/2020.02.024.
Abstract (sommario):
The article analyzes the socio-demographic determinants of Ukrainian citizens’ attitude to the judiciary identified on the basis of a nationwide survey. The sociological specifics of the analysis provided for the verification of the influence of those factors that reflect the consequences of social stratification in a particular society — its socio-economic, political and socio-cultural dimensions. In different countries of the world, the influence of socio-demographic factors on the attitude to the judiciary has been uneven and unequal. In many European countries, the experience of cooperating with the courts leads to a negative attitude towards justice. The attitude to the judiciary is considered through four indicators: 1) trust in the courts; 2) assessment of the chances of winning court case, regardless of the wealth of the citizen; 3) assessment of an independence of judges; 4) assessment of an integrity of judges. Despite social optimism observed in Ukrainian society after the 2019 presidential and parliamentary elections, the study found a low level of trust and negative assessments of Ukrainian justice. Using the method of multiple linear regression, it was found that public opinion about justice is formed regardless of gender, level of education and region of residence. It was found that Ukrainians’ attitude to the judiciary is largely determined by age, settlement type, language of communication at home and experience of participation in the trial. Confidence and positive assessments assessments of the judiciary are mainly manifested as the age and size of the settlement decrease, as well as among Russian speakers and those who have experience of participating in the trial. The influence of the respondents’ financial situation on their assessment of the independence of judges was unexpectedly dependent: as the financial situation of the family decreased, the tendency to consider judges independent increased.
20
Reznik, Oleksandr, e Oleg Kozlovskiy. "Socio-demographic factors of Ukrainians’ attitude to the judiciary". Sociology: Theory, Methods, Marketing, n. 2 (2020): 42–56. http://dx.doi.org/10.15407/sociology2020.02.042.
Abstract (sommario):
The article analyzes the socio-demographic determinants of Ukrainian citizens’ attitude to the judiciary identified on the basis of a nationwide survey. The sociological specifics of the analysis provided for the verification of the influence of those factors that reflect the consequences of social stratification in a particular society — its socio-economic, political and socio-cultural dimensions. In different countries of the world, the influence of socio-demographic factors on the attitude to the judiciary has been uneven and unequal. In many European countries, the experience of cooperating with the courts leads to a negative attitude towards justice. The attitude to the judiciary is considered through four indicators: 1) trust in the courts; 2) assessment of the chances of winning court case, regardless of the wealth of the citizen; 3) assessment of an independence of judges; 4) assessment of an integrity of judges. Despite social optimism observed in Ukrainian society after the 2019 presidential and parliamentary elections, the study found a low level of trust and negative assessments of Ukrainian justice. Using the method of multiple linear regression, it was found that public opinion about justice is formed regardless of gender, level of education and region of residence. It was found that Ukrainians’ attitude to the judiciary is largely determined by age, settlement type, language of communication at home and experience of participation in the trial. Confidence and positive assessments assessments of the judiciary are mainly manifested as the age and size of the settlement decrease, as well as among Russian speakers and those who have experience of participating in the trial. The influence of the respondents’ financial situation on their assessment of the independence of judges was unexpectedly dependent: as the financial situation of the family decreased, the tendency to consider judges independent increased.
21
Lefterov, Vasyl. "Psychological analysis and diagnosis of the moral Consciousness of judges and jurors". Psychological Journal, n. 8 (10 giugno 2022): 47–55. http://dx.doi.org/10.31499/2617-2100.8.2022.258314.
Abstract (sommario):
The article is devoted to the problem of psychological analysis of the moral consciousness of judges and jurors. The psychological features of the activity of judges, as well as the jury, as a historical-traditional, legal and democratic institution of justice are considered. It is noted that one of the most important components of a judge's personality is their moral consciousness, as the embodiment of their own morality and attitude to socio-moral norms, assessments, principles and requirements. Changes in society, changes in people's moral values, changes in the level of legal awareness, all this requires improvement and scientific and practical development of the procedure for selecting judges and jurors and in particular psychodiagnostics of their moral consciousness.
An analysis of theoretical and empirical studies of morality and moral development, the experience of taking into account and measuring the moral consciousness of the jury. The necessity to apply in the process of selection of judges and jurors the procedure of assessment of their moral consciousness, which will allow to determine with high probability the principles, motives of man, his attitude to the categories of "good and evil", attitude to duty, responsibility, justice, attitude to life, death, honor, dignity, conscience, shame, etc. Analysis of moral consciousness will also determine the development of judges and juries of such psychological and social categories as tolerance, respect, compassion.
For the psychodiagnosis of the moral consciousness of judges and jurors, it is proposed to use the adapted test "Interview of moral dilemmas" by L. Kohlberg, as a classical method, the most acceptable for determining the level of moral consciousness. The foundations of psychodiagnostics of moral consciousness according to the method of L. Kohlberg are the concept of justice, universality of acceptance of basic values, balance and reversibility of moral judgments, stages and features of moral development, which in all societies is subject to general rules and laws.
22
Youping, Xu. "Burying attitudes in words: Linguistic realization of the shift of judges’ court conciliation style". Semiotica 2016, n. 209 (1 marzo 2016): 397–418. http://dx.doi.org/10.1515/sem-2016-0022.
Abstract (sommario):
AbstractCourt conciliation conducted by judges in Chinese courts is often seen in a positive light as resolving civil disputes efficiently. However, it is sometimes also severely criticized for judges’ malpractice in pressing parties to settle by revealing adjudication results. Sadly, except for mere criticism against this kind of phenomenon and abstract provisions on forbidding this kind of malpractice, little has been done to provide a detailed description of what it is and how to avoid it. This paper, based on authentic conciliation data and an interview with two judges, intends to conduct a linguistic analysis of the above problem. This paper argues that, while in theory legal discourse should be explicit, judges in court conciliation need to bury their attitudes in words when it comes to the rendering of attitudes and suggestions. This paper first analyzes the dilemma concerning how much pressure to be imposed upon which party, and then analyzes linguistic features of judges’ coercive and persuasive conciliation styles, and finally offers suggestions as to the linguistic shift of conciliation style from coercion to persuasion. This paper concludes that such malpractice as coercing parties to settle may be linguistically avoided when judges learn to bury their attitudes in words and leave parties to make voluntary choices.
23
Aripov, D. "ENSURING THE INDEPENDENCE AND IMPARTIALITY OF JUDGES IN ASSESSING THE EFFECTIVENESS OF THEIR ACTIVITIES: INTERNATIONAL STANDARDS AND NATIONAL EXPERIENCE". American Journal of Political Science Law and Criminology 04, n. 10 (1 ottobre 2022): 76–81. http://dx.doi.org/10.37547/tajpslc/volume04issue10-12.
Abstract (sommario):
The qualifications, competence and diligence of judges play a very important role in the administration of justice, since these features of judges determine the effectiveness of the trial and the attitude of others towards the judge as a whole. Therefore, in almost all courts of the world, in one form or another, the activities of judges are studied and evaluated to determine their compliance with the above requirements.
24
Iyer, Govind, e Marianne Jennings. "Judges' attitudes toward the public accounting profession: An update". Advances in Accounting 26, n. 1 (giugno 2010): 25–28. http://dx.doi.org/10.1016/j.adiac.2010.02.006.
25
Kalmar, Ivan, Zhong Yong e Xiao Hong. "Language attitudes in Guangzhou, China". Language in Society 16, n. 4 (dicembre 1987): 499–508. http://dx.doi.org/10.1017/s0047404500000348.
Abstract (sommario):
ABSTRACTCantonese and non-Cantonese students of the Guangzhou (Canton) Foreign Language Institute took part in a matched-guise experiment, expressing judgments about two samples of speech produced by the same person but presented as coming from two different speakers. In one sample the person spoke good Putonghua (Mandarin), in the other a Putonghua heavily influenced by Cantonese. All judges tended to agree that what they thought was the better Putonghua speaker would have a better chance for social advancement. However, Cantonese judges also showed some positive evaluation of a “heavy Cantonese accent” in the sphere of personal empathy. Such empathy was stronger among male than among female Cantonese. Similar attitudes regarding a “high” (Putonghua) and a “low” (Cantonese) variant in a multilingual society are typical for most Western societies that sociolinguists have studied. They now seem to be equally typical for an Oriental, socialist society like that of China. (Chinese dialects, evaluative reactions, comparative sociolinguistics)
26
Corby, Susan. "The 2020 Judicial Attitude Survey Reveals the Views of Employment Judges". Industrial Law Journal 50, n. 2 (25 maggio 2021): 336–40. http://dx.doi.org/10.1093/indlaw/dwab012.
27
Iryna, Sarancha. "ATTITUDES OF POLICE OFFICERS AND JUDGES TOWARDS PERSONS WITH DISABILITIES". Scientific Issues of Vinnytsia State M. Kotsyubynskyi Pedagogical University. Section: Pedagogics and Psychology 172, n. 59 (2019): 110–14. http://dx.doi.org/10.31652/2415-7872-2019-59-110-114.
28
Idy, Muhammad Yunus, e Andi Arfan Sahabuddin. "Justice Sector Corruption: Will Indonesia Neutralize it". International Journal of Criminology and Sociology 10 (31 dicembre 2020): 39–44. http://dx.doi.org/10.6000/1929-4409.2021.10.06.
Abstract (sommario):
Background: Though there are vigorous efforts made to fight corruption attitude and behavior, in Indonesia the judiciary sector is still characterized by the existence of rampant widespread corruption acts of crime. For instance, there are many judges who have been caught being bribed across the country. From the available data, of the 19 judges at the Corruption Eradication Commission, 53% are those who make up the Corruption Adhoc judges, while the remaining 47% are career judges. Objective: This research was conducted to determine the corrupt behavior of judges in relation to carrying out their duties and authority in upholding justice. Method: The study applied a normative juridical research method, which established that corruption behavior exhibited by judges in handling cases is still prone to criminal acts of corruption, is detrimental to justice seekers. Conclusion: Thus, the judge's corrupt behavior as the foremost law enforcer can be prevented as early as possible, if justice is to be upheld at a national level.
29
Shcherbakova, I. A. "TENURE AS A CONSTITUTIONAL PRINCIPLE, PROVIDING THE STATUS OF JUDGES". Ex jure, n. 3 (2018): 33–45. http://dx.doi.org/10.17072/2619-0648-2018-3-33-45.
Abstract (sommario):
the article considers the constitutional principle of irremovability of judges as a guarantee of their status. The ambiguous attitude of scientists to its normative consolidation is shown. The approaches of scientists to the definition of structural elements of the principle of irremovability of judges are analyzed and critically evaluated. Special attention is paid to such an element of this principle as the term of judicial powers (age limit), the legislative regulation of which is not stable. In connection with the discussion of the concept of possible constitutional reform in the Russian Federation, it is proposed to directly reflect in part 1 of article 121 of theConstitution of the Russian Federation the term of office of judges. The conclusion is made about the importance of the principle of irremovability of judges as a guarantee of the status of judges and constitutionally significant human and citizen rights in judicial protection.
30
Baried, Rizky Ramadhan, e Abdul Jamil. "JUDGE’S ATTITUDE TOWARDS THE MEDIATOR’S RECOMMENDATION REGARDING THE BAD FAITH PARTY AND MEDIATION FEES ISSUE". Jurnal Bina Mulia Hukum 7, n. 2 (31 marzo 2023): 259–71. http://dx.doi.org/10.23920/jbmh.v7i2.793.
Abstract (sommario):
This article was the result of research in 2021 with normative research. The formulations of the problems are: 1) What is the consideration of the panel of judges on the recommendation of the mediator regarding the sanctions for payment of mediation fees for parties who are declared to have no good intentions; 2) What is the procedure for payment of mediation fees by these parties. The conclusions are: 1) There is no data on the mediator's recommendation regarding paying mediation fees. It is not immediately followed up if the panel of judges receives it. The judges continue to examine the recommendation of providing justice so that the defendant does not feel more burdened so that the recommendation is not included in the court’s product; and 2) The procedure for payment of mediation fees is carried out together with the accumulated principal costs of the case by complying with the principles of execution. This study advises the Supreme Court of the Republic of Indonesia that there should be a mechanism agreed upon by both parties to jointly consign the amount of money that is expected to be used in the mediation process
31
Agale, Sanjay B., D. B. Patel e Aniket R. Deshpande. "A TOOL TO MEASURE ATTITUDE OF FARMERS TOWARDS PRADHAN MANTRI FASAL BIMA YOJANA". Gujarat Journal of Extension Education 36, n. 2 (25 dicembre 2023): 112–14. http://dx.doi.org/10.56572/gjoee.2023.36.2.0020.
Abstract (sommario):
The study was conducted to develop and standardize a reliable and valid scale to measure attitude of the farmers towards Pradhan Mantri Fasal Bima Yojana. From the available methods to develop attitude scale, ‘Scale product method’ was used. This method combines Thurston and Likert techniques. Total 52 statements were selected for judgment; a team of 100 judges was appealed to give the score for each statement on five point continuum. Based on the Scale (median) and Q values, twenty four statements were finally selected to constitute the scale to measure attitude of the farmers towards Pradhan Mantri Fasal Bima Yojana.
32
Mavroidis, Petros C., e Louise Johannesson. "Black Cat, White Cat: The Identity of the WTO Judges". Journal of World Trade 49, Issue 4 (1 agosto 2015): 685–98. http://dx.doi.org/10.54648/trad2015027.
Abstract (sommario):
World Trade Organization (WTO) judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or, by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first as well as second instance WTO judges (e.g., Panellists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the General Agreement on Tariffs and Trade (GATT). Whereas the legal regime has been heavily ‘legalized’, the people called to enforce it remain the same.
33
Joshi, Divyata. "A Measurement Tool to Assess Attitude of Rural Youth Towards Agriculture as An Occupation". Indian Research Journal of Extension Education 22, n. 5 (1 dicembre 2022): 97–100. http://dx.doi.org/10.54986/irjee/2022/dec_spl/97-100.
Abstract (sommario):
Attitude is said to be a complex phenomenon that can’t be measured directly. Psychometric techniques have been found to be a highly reliable measurement method that takes into account the concept of unidimensionality. In the present study, Thurstone’s (1946) equal appearing interval scale has been constructed to measure the attitude of rural youth toward agriculture and allied sectors as an occupation. The initial set of 83 statements has been structured according to the criteria given by Edwards. Later, the statements were given to the forty judges for the judgment of each item. Cronbach alpha coeffi cient and Intraclass correlation coeffi cient was determined to check the consistency in the judgment and nine judges with inconsistent response were eliminated. The statements for the fi nal scale were selected by calculating the median and inter-quartile range and thirteen items were included in the fi nal scale. The reliability was measured with the Cronbach alpha and inter-rater method (0.949). The scale was also found to be high in its content and construct validity (0.974). The study will help the researchers and policymakers to use this scale to understand the attitude of youth towards agriculture and allied sectors as an occupation.
34
Trunova, Ekaterina V. "On the Administrative Jurisdiction of Judges Reviewing Administrative Offense Cases". Administrative law and procedure 6 (17 giugno 2021): 51–53. http://dx.doi.org/10.18572/2071-1166-2021-6-51-53.
Abstract (sommario):
The article reviews opinions of scientists, judicial authorities containing different attitudes to the legal nature of the judicial review of administrative offense cases. The author concludes that review of administrative offense cases by judges falls within the administrative judicial jurisdiction.
35
Partyk, Aleksandra. "JUDGES IN A RACE AGAINST TIME. SELECTED COMMENTS IN LIGHT OF EMPIRICAL RESEARCH". Roczniki Administracji i Prawa 2, n. XXIII (30 giugno 2023): 29–48. http://dx.doi.org/10.5604/01.3001.0053.6783.
Abstract (sommario):
The paper presents deliberations concerning adjudicating a case without undue delay, from the perspective of statements presented by judges which were gathered in the course of an empirical research project. The paper provides a voice in the discussion, focusing on some remarks made by the judges. The author, while interviewing judges and gathering questionnaires filled out by judges, collected a number of observations related to the time taken to hear cases. In the article it was shown that judges often pay attention to the problem of significant workload, which also manifests itself in their experiencing different types of emotions. The judges at the same time highlighted positive emotions they felt when the case was successfully resolved early thanks to a conciliatory attitude shown by the parties to the case, as well as negative emotions when the parties undertake actions aiming at prolonging proceedings. The article also analyses the importance of an appropriate preparation for pronouncing a decision by judges. The judges more often than not declared that what they need to make a decision is proper consideration and that they often prefer to put off the decision, in order not to issue it in a hurry, under the influence of strong emotions. Moreover, it is shown in the article that from the judges perspective experience gatheredover the years is significant and it can be very helpful in adjudicating
36
Fuady, Muhammad Ikram Nur, Hamsir Hamsir, Rahman Syamsuddin, Anshar Anshar, Basto Daeng Robo, Arisa Murni Rada e Hasdiwanti Hasdiwanti. "Economic-Related Reasons as a Motive to Avoid Sanction during Pandemic: Judges’ Perspectives on Different Sentences on Crimes". WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 20 (13 giugno 2023): 1268–77. http://dx.doi.org/10.37394/23207.2023.20.113.
Abstract (sommario):
The economic sector has been severely impacted by the Covid-19 pandemic. Many criminals used this notion to avoid being severely sentenced. This study was performed to examine different judges’ perspectives on the handling of criminal cases with economic motives during the Covid-19 pandemic. This qualitative study regarded the data that were collected through telephone interviews using the Interpretative Phenomenological Analysis (IPA) as the instrument. The findings show that judges have different perspectives on the imposing of punishment to criminals who used economic-related excuses. However, this phenomenon is difficult to control. In order to maintain the professionalism of the judges, judges should be more active in the trial process and able to identify the obstacles they face, such as the protracted legal process due to the potential for transmission of the coronavirus in the trial and communication difficulties due to the low quality of the internet network in online trials. Judges are required to keep their independency in making decisions for criminals regardless the criminal’s motives by considering social changes that occur in society comprehensively. This attitude would make the society getting impressed by the performance of the judges.
37
Vavilala, Priyanka, V. K. Singh, D. K. Singh e L. B. Singh. "Attitude of the Staff Towards Farmer Producers Organization – Development and Standardization of the Scale". Indian Journal of Extension Education 60, n. 1 (2024): 116–19. http://dx.doi.org/10.48165/ijee.2024.601rt2.
Abstract (sommario):
Farmer Producers Organization is an organization where the members are farmers who come together to buy inputs collectively, sell their produce in bulk eliminating the middlemen and processing the produce to gain more returns. As staff are important assets of the organization, it is advisable to measure their attitude towards the organization. An attempt was made for the construction of scale to measure the attitude of staff towards the Farmer Producers Organization using summated rating scale. After analyzing the review of literature, 48 statements were enlisted initially and were sent to 100 judges. Based on the response of 34 judges, 25 statements were finalized for item analysis. After calculating t-values, 14 statements were finalized in which 10 were positive statements and 4 were negative statements. The reliability was checked using split half method and validity was examined with the help of content validity. The reliability coefficient was found to be 0.84 which indicates that the scale is reliable.
38
Hanretty, Chris. "The Decisions and Ideal Points of British Law Lords". British Journal of Political Science 43, n. 3 (24 settembre 2012): 703–16. http://dx.doi.org/10.1017/s0007123412000270.
Abstract (sommario):
Policy-sensitive models of judicial behaviour, whether attitudinal or strategic, have largely passed Britain by. This article argues that this neglect has been benign, because explanations of judicial decisions in terms of the positions of individual judges fare poorly in the British case. To support this argument, the non-unanimous opinions of British Law Lords between 1969 and 2009 are analysed. A hierarchical item-response model of individual judges’ votes is estimated in order to identify judges’ locations along a one-dimensional policy space. Such a model is found to be no better than a null model that predicts that every judge will vote with the majority with the same probability. Locations generated by the model do not represent judges’ political attitudes, only their propensity to dissent. Consequently, judges’ individual votes should not be used to describe them in political terms.
39
BAZEMORE, GORDON, e TODD J. DICKER. "Implementing Detention Intake Reform: The Judicial Response". Prison Journal 76, n. 1 (marzo 1996): 5–21. http://dx.doi.org/10.1177/0032855596076001002.
Abstract (sommario):
This study examines several influences on judges' attitudes toward implementation of new detention intake policies in Florida. Based on a statewide survey of all circuit judges on the juvenile bench, the analysis focuses specifically on the relative impact of judges' agreement with the statutory purpose of detention, working relationships with other juvenile justice professionals, and a variety of demographic and occupational variables on support for these reforms. The findings, which indicate that agreement with the statutory purpose of detention exerts the dominant influence, have implications for policy-makers interested in improving the implementation process in juvenile justice.
40
Aufegger, Lisa. "Virtual reality feedback influences musicians’ physical responses and mental attitude towards performing". Music and Medicine 12, n. 3 (24 luglio 2020): 157. http://dx.doi.org/10.47513/mmd.v12i3.732.
Abstract (sommario):
Simulation has been applied as a successful training, however, an investigation of its effect with implications for musical performance training is still lacking. The aim of this study was to explore the impact of positive and negative simulated feedback on musicians’ performance confidence (PC), perceived performance quality (PQ), state anxiety (SA) and heart rate variability (HRV). Twelve musicians performed the same piece three times: twice in front of three interactive virtual ‘judges’ with positive and negative facial and behavioural feedback and a ‘no judges but identical environment’ control. PC and SA were reported before and after each performance, while musicians’ perceived PQ was addressed after. The HRV was monitored throughout. Using Generalised Estimating Equations to examine relationships between physiological and psychological responses and condition, the results showed a significant influence of condition, with the positive feedback resulting in the highest physiological arousal and PQ ratings. Musicians who experienced an increase in SA before the performance showed a lower HRV during the performance. The SA and PC significantly predicted the PQ, with lower levels of SA and greater degrees of PC leading to a higher perceived PQ. Results are discussed in the light of simulation training.
41
Jasanoff, Sheila. "Science, Common Sense & Judicial Power in U.S. Courts". Daedalus 147, n. 4 (ottobre 2018): 15–27. http://dx.doi.org/10.1162/daed_a_00517.
Abstract (sommario):
Courts routinely resolve factual disputes as an adjunct to settling legal controversies, and such fact-finding frequently involves scientific and technical evidence. It is important to ask what intellectual resources judges bring to this task. Instead of assessing how much science judges know or understand, this essay focuses on the judge's role in articulating and reinforcing prevailing cultural attitudes toward science. Background judicial assumptions matter at three significant junctures. First, judges maintain the lay-expert boundary by deciding whether an issue demands expert testimony at all. Second, judges act as epistemological gatekeepers, by determining which expert claims and ways of reasoning are entitled to deference and which are not. Third, judges decide how to classify and categorize things of uncertain ontological status as a prelude to applying legal rules. Each kind of decision offers a window into judicial common sense, a relatively neglected topic in studies of law and science.
42
Stamps, Leighton E., e Seth Kunen. "Attitudes of Quebec Superior Court Judges Regarding Child Custody and Visitation Issues". Journal of Divorce & Remarriage 25, n. 1-2 (1 febbraio 1996): 39–53. http://dx.doi.org/10.1300/j087v25n01_03.
43
Macdonald, Scott, e Patricia Erickson. "Factors associated with attitudes toward harm reduction among judges in Ontario, Canada". International Journal of Drug Policy 10, n. 1 (febbraio 1999): 17–24. http://dx.doi.org/10.1016/s0955-3959(98)00074-7.
44
Aruguete, Mara S., e Robert L. Robinson. "Attitudes toward sentencing guidelines and simulated sentencing among Missouri circuit court judges". American Journal of Criminal Justice 28, n. 2 (marzo 2004): 201–13. http://dx.doi.org/10.1007/bf02885872.
45
Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel e Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, n. 2 (23 agosto 2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
Abstract (sommario):
Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
46
Kaczmarczyk, Hubert. "Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism". Review of European and Comparative Law 46, n. 3 (21 agosto 2021): 93–107. http://dx.doi.org/10.31743/recl.12330.
Abstract (sommario):
The article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view that the role of a judge is to pronounce a fair verdict based on the applicable law and judges may give meaning to statutory provisions supplemented with an axiology of the Constitution, the problem appears with particular sharpness when such a pro-constitutional interpretation leads to a specific application of the provisions contra legem.
47
Hariyanto, Diah Ratna Sari, e Dewa Gede Pradnya Yustiawan. "Paradigma Keadilan Restoratif Dalam Putusan Hakim". Kertha Patrika 42, n. 2 (30 agosto 2020): 180. http://dx.doi.org/10.24843/kp.2020.v42.i02.p06.
Abstract (sommario):
Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.
Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.
48
Putri, Magya Ramadhania, Zainur Hidayah e Anita Maharani. "Perspectives to Strengthening Competencies of Judges in The Supreme Court of The Republic of Indonesia". Jurnal Manajemen 14, n. 2 (5 giugno 2023): 220–39. http://dx.doi.org/10.32832/jm-uika.v14i2.11228.
Abstract (sommario):
Judges as court apparatus, play a pivotal role in improving organizational performance and enhancing public trust. They are the sole actor who determines the quality of court decisions. However, the cases in the four courts, namely general, religious, state administrative and military courts seemed to outnumber the judges; hence retaining highly skilled judges to rule and write decisions within the time frame is paramount. Using a stakeholder theory approach, this article explores the competency-based development model for judges carried out by the technical training centre of the Indonesian Supreme Court. The research method was descriptive qualitative, purposive sampling for in-depth interviews. The result revealed that each stakeholder, namely technical training managers, supporting lecturers or trainers, working unit, and the public, showed different perspectives on judges' competencies, knowledge, skills, and attitude due to different interests. Stakeholders' views highlighted several points: analytical thinking skill improvement, knowledge application, character building, adaptive skills development and reassignment. This study, therefore, provides a new model of judges' competencies development that emphasizes a throughout human resources management activity application, starting from carrying out apparatus management strategy as a response to bureaucracy reform, strategic environmental changes, and science and information technology development; applying human resources development strategy with stakeholder participation approach through training and development centre; and creating apparatus reassignment strategy. These three strategies lead to an agile civil apparatus to achieve good governance.
49
Sidiq, Fahmi, Riza Andrian Ibrahim e Nurnisaa Binti Abdullah Suhaimi. "Analysis of Judges' Considerations in Cases of Murder Based on Infidelity". International Journal of Humanities, Law, and Politics 1, n. 3 (27 ottobre 2023): 40–44. http://dx.doi.org/10.46336/ijhlp.v1i3.32.
Abstract (sommario):
This study discusses the judge's consideration in deciding the criminal case of murder based on infidelity based on the judge's consideration of Article 338 of the Criminal Code Decision Number 88/Pid.B/2022/PN. The research uses normative juridical methods by examining primary and secondary legal materials. The results showed that the judge's consideration included both juridical and non-juridical aspects that influenced the final decision. The defendant is considered accountable for his actions, taking into account various factors such as the confession of guilt, the defendant's attitude in the trial, and previous legal experience. In addition, the defendant's actions and their impact on victims and society are also important factors in the judge's deliberations.
50
Asad, Asad L. "Deportation Decisions: Judicial Decision-Making in an American Immigration Court". American Behavioral Scientist 63, n. 9 (24 marzo 2019): 1221–49. http://dx.doi.org/10.1177/0002764219835267.
Abstract (sommario):
Drawing on ethnographic observations and informal conversations with judges in Dallas Immigration Court, as well as archival documents, this article describes two approaches through which judges in this setting justify their decisions during removal proceedings. The “scripted approach,” used to effect the routine removal of noncitizens in most of the completed cases observed, entails judges’ recitation of well-rehearsed narratives regarding the limited legal rights and remedies available to noncitizens. The “extemporaneous approach” involves judges moving beyond their scripts and deliberating in greater depth about noncitizens’ cases. In doing so, judges’ personal attitudes, biases, and motivations are often revealed as they articulate their desire to circumvent the removal process for noncitizens they view as “deserving” of relief—but for whom only temporary relief from removal is often available given judges’ interpretations of immigration law. Although judges recognize that this temporary relief may allow some noncitizens to remain in the United States indefinitely, incomplete protection from removal can leave noncitizens in a precarious legal status and jeopardize these individuals’ future opportunities for legalization. These findings support a conceptualization of immigration judges as street-level bureaucrats, or frontline workers who interpret the law—sometimes unevenly—to enforce government policy while interfacing with the individuals subject to said policy. The study thus amplifies the social control capacity of the federal immigration regime.