Letteratura scientifica selezionata sul tema "The judge’s role"
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Articoli di riviste sul tema "The judge’s role"
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Amarini, Indriati. "IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION". Jurnal Hukum dan Peradilan 8, n. 1 (30 marzo 2019): 21. http://dx.doi.org/10.25216/jhp.8.1.2019.21-38.
Testo completoAbstract (sommario):
The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. The law requires judges to explore the law and sense of justice that lives in society. The implementation of judicial activism is carried out by judges through means of legal discovery. Through means of legal discovery, judges play an active role in realizing justice as a law that lives in a dynamically developing society.
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Engel, Kirsten, e Jonathan Overpeck. "Adaptation and the Courtroom: Judging Climate Science". Michigan Journal of Gender & Law, n. 3.1 (2013): 1. http://dx.doi.org/10.36641/mjeal.3.1.adaptation.
Testo completoAbstract (sommario):
Climate science is increasingly showing up in courtroom disputes over the duty to adapt to climate change. While judges play a critical role in evaluating scientific evidence, they are not apt to be familiar with the basic methods of climate science nor with the role played by peer review, publication, and training of climate scientists. This Article is an attempt to educate the bench and the bar on the basics of the discipline of climate science, which we contend is a distinct scientific discipline. We propose a series of principles to guide a judge’s evaluation of the reliability and weight to be accorded a given climate scientists’ claim or opinion. The principles are designed to aid a judge in evaluating whether the expert’s testimony complies with the Daubert test for the admissibility of scientific evidence but are broadly applicable to a judge’s evaluation of agency science-based decisions.
3
Gomes, Adalmir Oliveira, Tomas Aquino Guimaraes e Luiz Akutsu. "Court Caseload Management: The Role of Judges and Administrative Assistants". Revista de Administração Contemporânea 21, n. 5 (ottobre 2017): 648–65. http://dx.doi.org/10.1590/1982-7849rac2017160179.
Testo completoAbstract (sommario):
Abstract Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.
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Saiban, Kasuwi, Titi Rusydiyati Al Kaswy e Fadil SJ. "Granting a compulsory will to grandfather and grandmother based on Aristotle's distributive theory". Jurnal Cakrawala Hukum 13, n. 3 (28 dicembre 2022): 272–80. http://dx.doi.org/10.26905/idjch.v13i3.8855.
Testo completoAbstract (sommario):
There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning in decision number: 610/Pdt.G/2014/PA.Trk. and how the judge’s decision is seen from the perspective of Aristotle’s distributive justice theory. This research is juridical-normative with cases and conceptual approaches. The results showed that the judge’s legal reasoning through the process of de heuristic and de legitimate, legal basis that judges used are the holy Qur’an, hadith, KHI, and Islamic law. The judges consider the role of grandparents during the heir to life. And giving testament wajibah to grandparents is considered fair based on Aristotle’s distributive justice theory because they have fulfilled the proportional principle requirements.How to cite item: Saiban, K., Al Kaswy, TR., SJ, F., (2022). The granting of compulsory wills to grandparents in judgment number: 610/Rev.G/2014/PA.trk is based on Aristotle's distributive theory. Jurnal Cakrawala Hukum, 13(3)272-280. doi:10.26905/idjch.v13i3.8855.
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McConnell, Edward B. "Court Management: The Judge’s Role and Responsibility". Justice System Journal 15, n. 2 (dicembre 1991): 710–21. http://dx.doi.org/10.1080/23277556.1993.10871154.
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Korsakova, Lyubov E. "The Moral Imperative of a Judge: Towards the Problem of Dominant Ethical Definitions in the Process of Judicial Training". Теория и практика общественного развития, n. 9 (27 settembre 2023): 129–34. http://dx.doi.org/10.24158/tipor.2023.9.17.
Testo completoAbstract (sommario):
The article addresses the importance of understanding and observing moral principles for the judge’s effective work. The author investigates the place, role, and significance of such concepts as honesty, impartiality, justice, duty, and conscience in shaping the moral imperative of a judge’s professional personality. In addition, the arti-cle points out the ambiguity of interpretations and the lack of a common understanding of these categories both in society and among the professional community of judges and scholars, which can lead to different interpre-tations and problems in the application of moral principles in practice. The author ascertain the necessity of taking into account ethical categories in the professional training of judges, as well as clarification of terminolo-gy and development of metrics to control and supervise the observance of moral principles. The article is in-tended to raise the problem, defining the field for theoretical and practical research, recommendations in the field of professional ethics and training of judges in the Russian Federation.
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Plug, H. José. "Challenging judicial impartiality". Journal of Argumentation in Context 8, n. 2 (25 settembre 2019): 245–61. http://dx.doi.org/10.1075/jaic.17026.plu.
Testo completoAbstract (sommario):
Abstract Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.
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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights". Pravosudie / Justice 2, n. 3 (22 settembre 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Testo completoAbstract (sommario):
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights". Pravosudie / Justice 2, n. 3 (22 settembre 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Testo completoAbstract (sommario):
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
10
Youping, Xu. "Mission impossible? Judges’ playing of dual roles as adjudicator and mediator in Chinese court conciliation". Semiotica 2017, n. 216 (24 maggio 2017): 399–421. http://dx.doi.org/10.1515/sem-2015-0074.
Testo completoAbstract (sommario):
AbstractDeeply rooted in the Confucian philosophy of harmony, court conciliation conducted by judges in Chinese courtroom has played an important role in resolving civil disputes in China. However, severe criticisms against court conciliation have never been ceased. Critics generally attribute problems to the integration of mediation into adjudication and judges’ playing of dual roles as adjudicator and mediator. Sadly, little has been done to explore how judges’ dual roles in court conciliation are performed and changed, and how the performance and change of judges’ dual roles may affect justice and fairness in dispute resolution. This paper compares the similarities and differences of a judge’s role as an adjudicator and the role of a mediator, analyzes how judges’ dual roles are performed and changed through different patterns of information flow and information sharing, and discusses the impacts of judges’ role change and ways to resolve role conflicts. It is found that similarities between the two roles make it possible for judges in CC to play dual roles, but different role expectations give rise to role conflicts which may, to some extent, be dissolved through effective ways of information exchange.
Tesi sul tema "The judge’s role"
1
Kent, Russell Hathaway. "The prophetic role of the judges". Theological Research Exchange Network (TREN), 1988. http://www.tren.com.
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Örmander, Emelie. "International Judges and Prosecutors : And their role in Kosovo". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-23172.
Testo completoAbstract (sommario):
International judges and prosecutors are today present in various places around the world. They are supposed to function as a complement to the national judiciary and help in the up-building of rule of law. However, there are various problems and questions regarding the work they accomplish, which will be discussed throughout this thesis. Kosovo has been chosen as an example since it has a long experience of international judges and prosecutors. Further on it has been debated if the international personnel in the Kosovar judicial system contribute to the capacity-building or not. The following text also brings up several types of courts where the international judges and prosecutors are present. The reason for this is to give an idea of the various forms of international involvement that exists, but also to discuss where justice should be done. The aim of the thesis has been to find some key problems regarding international judges and prosecutors in national legal systems to be able to make better in the future. During the analyse of those questions various materials have been used, such as regulations, reports and previous research. The conclusion that has been drawn is that international judges and prosecutors can play an important role in the building of rule of law in national legal systems. However, the cooperation among internationals and nationals has to be deeper. Therefore some questions regarding for example salary and language problems must be solved so that the cooperation has the possibility to grow stronger in the future.
3
FAGGION, VINICIUS DE SOUZA. "WHAT JUDGES MUST DO?: AN ANALYSIS OF THE JUDICIAL ROLE". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2016. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=27249@1.
Testo completoAbstract (sommario):
PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
O papel dos juízes é tipicamente relacionado à função de respeitar e aplicar o direito. Acredita-se que há uma obrigação de fidelidade entre juízes e seus respectivos sistemas jurídicos, vinculando-os a obedecer aos ditames do direito positivo. Alguns argumentos, como o juramento, a autoridade prática do direito, a obrigação política judicial, e a contensão dos erros de julgamento, são invocados para justificar esse vínculo de fidelidade. Mas e nos casos cuja aplicação dos padrões jurídicos institucionalizados parece insatisfatória? Quando se ater ao direito implica um resultado evidentemente injusto que pode ser corrigido pelo juiz? Esses casos desafiam a obrigação de fidelidade entre juízes frente suas ordens jurídicas. Parece que o juiz nessa posição tem razões morais para ignorar as regras e atingir a solução mais justa. Mas seguir e aplicar essas razões morais é parte do papel do juiz? Ele deve fazê-lo? Outro conjunto de concepções do papel judicial pretende responder afirmativamente a essas duas questões. De acordo com elas, o papel judicial é composto por outras funções além do dever de seguir apenas padrões legais. Minha hipótese é que uma dessas concepções está correta.
The role of the judges is typically related to the function to respect and apply the law. It is believed that there is an obligation of fidelity between judges and their respective legal systems, binding them to obey the dictates of positive law. Some arguments, like the oath, the practical authority of law, the judicial political obligation, and the containment of errors of judgment, are invoked to justify this loyalty bond. But what about the cases whose application of the institucionalized legal standards seems unsatisfactory? When adhering to the law implies an obviously unfair result which can be corrected by the judge? These cases challenge the obligation of fidelity between judges towards their legal systems. It seems that the judge in this position have moral reasons to ignore the rules and achieve the fairest solution. But following and applying these moral reasons is part of the role of the judge? He should do it? Another set of conceptions of the judicial role intends to answer affirmatively these two questions. According to them, the judicial role consists of other functions besides the duty to follow only legal standards. My hypothesis is that one of these views is correct.
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Chanhuwa, Mildred Kudzanai. "An analysis on role of judges in interpreting tax legislation". Thesis, Rhodes University, 2017. http://hdl.handle.net/10962/4289.
Testo completoAbstract (sommario):
This thesis focusses on the role of judges as interpreters of tax legislation. It examines the role of judges by analysing how the perceptions of judges can impact on how they interpret legislation. It also analyses various other factors that play a role when judges interpret legislation, in an effort to answer the question to what extent do philosophical theories and interpretative approaches explain the role of judges as interpreters? Jurisprudential theories such as the natural law theory, positivist theories, and American realist theories are used to analyse how judges interpret and how theorists think judges should play their interpretational role. It is noted that in pre-constitutional South Africa the courts followed a positivist paradigm; as a result, the judges used a strict literal approach to interpretation. The new Constitution brought a change in the jurisprudential paradigm accepted in South Africa and has transformed how judges perceive and carry out their role as interpreters of legislation. Judges have now adopted the purposive value-laden approach as authoritative. As custodians of the Constitution, judges should interpret provisions against the values imposed by it. The purposive value-laden interpretational approach allows judges to take into account more considerations and to weigh a provision against the constitutional values. Other issues discussed pertain to how institutional guidelines such as the doctrine of precedent and separation of powers, to a lesser extent, play a role in how judges interpret the law. It is demonstrated that the doctrine of precedent does not limit the role of judges but rather contributes to maintaining certainty, predictability and coherence in the legal system. It is also noted that judicial discretion is the mechanism by which judges use extra-legal factors such as public policy and moral considerations to assist in interpreting legislation.
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Smith, Bethany. "The role and influence of District Judges in the magistrates' courts". Thesis, University of Leicester, 2004. http://hdl.handle.net/2381/30111.
Testo completoAbstract (sommario):
The judicial responsibility for dealing with over one million defendants in the magistrates' courts each year is currently shared between over 30,000 volunteer lay magistrates, usually sitting in panels of two or three, and 281 legally qualified, state paid, District Judges (Magistrates' Courts) and Deputy District Judges (Magistrates' Courts), who sit alone.;District Judges (or stipendiary magistrates as they were previously entitled) were traditionally considered an anomalous feature of the magistrates' courts system. However, the last 10 years has seen the greatest expansion in their numbers and the consolidation of their role, status and organisation. Two main factors have contributed to these developments: the pressure for efficiency that has been brought to bear on the criminal justice process over the last twenty years, most recently embodied in the ethos of New Public Management and the marked shift towards professionalisation of the magistrates' courts. The combination of these factors, and the resultant growth in the numbers and role of District Judges, has led to the resurgence of familiar debates surrounding the fundamental values and functions of the magistrates' courts.;The objectives of this study were to assess the role of District Judges in terms of the assumptions made in respect of the skills and benefits they bring to the magistrates' courts and to determine the extent of their influence upon the conduct of court business. It is argued that District Judges exert the greatest influence in the micro arena of the courtroom. The combination of their status as legal professional and decision-maker transformed the dynamics of working relationships. However, they had little direct impact upon the general administration or non-judicial work of the court. It was found that their assumed quality in terms of speed was reflected in the largely pragmatic judicial role they undertook in the courts. However, it was also apparent that District Judges tended to be allocated a greater proportion of the 'more serious' types of cases in defence to their professional status. Finally, it is argued that, as 'expert' decision-makers within a system historically based on 'amateur community justice' the increased presence of District Judges has both led to, and been emblematic of, a subtle shift in the underlying values of the magistrates' courts.
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Figueroa, Gutarra Edwin. "Separation of powers and constitutional judges: an approach of corrective roles". Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116750.
Testo completoAbstract (sommario):
An approach of corrective roles of judges within the constitutional interpretation demands a number of parameters that must necessarily be made compatible with the principles, values and guidelines pursuant to contemporary legal systems. This study covers the dimensions of these corrective roles in the attempt to set reference lines on the delicate task of the constitutional judges in the defense of the effective exercise of the fundamental rights and the regulations’ primacy of the Constitution. Finally, this study investigates if there is a jurisdictional government and to what extent the neoconstitutionalism turns out to be a relevant matter in the interpretation of the Constitution.Un enfoque de roles correctores de los jueces en la interpretación constitucional demanda una serie de parámetros que necesariamente deben ser compatibilizados con los principios, valores y directrices que informan los ordenamientos jurídicos contemporáneos. El presente estudio abarca las dimensiones de esos roles correctores en la pretensión de establecer líneas referenciales sobre la delicada labor de los jueces constitucionales en la defensa de la vigencia efectiva de los derechos fundamentales y de la primacía normativa de la Constitución. Indaga finalmente, si acaso existe un Estado jurisdiccional y en qué medida el neoconstitucionalismo resulta ser un elemento material relevante en la interpretación de la Carta Fundamental.
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Rondu, Julie. "L'individu, sujet du droit de l'Union européenne". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Testo completoAbstract (sommario):
Cette thèse vise à analyser l’émergence de l’individu comme un sujet du droit de l’Union européenne s’affirmant face à l’État membre. Elle défend l’idée selon laquelle le droit de l’Union connaît un processus de « subjectivisation fonctionnelle », de source essentiellement juridictionnelle, qui se manifeste par la reconnaissance des droits, des intérêts et de la situation subjective de l’individu, de façon à placer ce dernier au service de la réalisation du projet d’intégration européenne. Prenant une portée constitutionnelle, ce mouvement s’inscrit dans une double logique de protection et d’instrumentalisation de l’individu par l’Union, dialectique inhérente à l’ordre juridique incomplet que constitue l’UnionThis dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
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Rondu, Julie. "L'individu, sujet du droit de l'Union européenne". Electronic Thesis or Diss., Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Testo completoAbstract (sommario):
Cette thèse vise à analyser l’émergence de l’individu comme un sujet du droit de l’Union européenne s’affirmant face à l’État membre. Elle défend l’idée selon laquelle le droit de l’Union connaît un processus de « subjectivisation fonctionnelle », de source essentiellement juridictionnelle, qui se manifeste par la reconnaissance des droits, des intérêts et de la situation subjective de l’individu, de façon à placer ce dernier au service de la réalisation du projet d’intégration européenne. Prenant une portée constitutionnelle, ce mouvement s’inscrit dans une double logique de protection et d’instrumentalisation de l’individu par l’Union, dialectique inhérente à l’ordre juridique incomplet que constitue l’UnionThis dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
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Julian, Robert F. "The role of the judge and jury in complex trials". Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28172.
Testo completoAbstract (sommario):
This thesis examines the mode of trial concerns in the U.S.A., New York State, California, England and Wales and Canada --specifically the ability of the jury to comprehend complex cases and the perception/reality that bench trials may not be as fair as jury trials. Defining complex cases as those involving serious fraud indictments, capital murder trials, and lawsuits or indictments against corporations and their managers, the thesis examines problems associated with jury trials in such cases. It evaluates the comparative law and customs and practices regarding the use of juries, emphasizing problems with jury selection, deficits in jury deliberation and post trial problems associated with jury verdicts. The thesis also evaluates the judge only trial, attempting to determine whether a state imposed non jury trial in a criminal case as is presently proposed in the England and Wales Parliament creates an unfairness to the defendant because bench trials significantly differ from jury trials in the application of the rules of evidence and in the role of the judge. The thesis reports on the results of a survey of New York State trial judges, a like survey of New York State lawyers, and the opinions of nine England and Wales judges authorized to try serious fraud cases who were interviewed regarding these issues. The surveys and interviews finds that there is a high degree of support for jury verdicts expressed by the judges, examines evidentiary and pretrial practices in both modes of trial and attempts to evaluate whether claims of procedural flaws and prejudice in bench trials by respected academics are accurate. The thesis concludes by affirming the competence of juries to try complex cases, proposing modifications to post jury verdict procedures to evaluate jury misconduct and advocating that the bench trial evidentiary rules and conduct rules become comparable to the jury trial. The thesis recommends that mode of trial choices be given to the defendant, advocates that when a bench trial is selected that peremptory challenges of the trial judge be permitted and postulates that these reforms will make the bench trial a more attractive alternative to the jury trial in complex cases.
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Hsieh, Hungpin Pierre. "The Mediator, the Negotiator, the Arbitrator or the Judge? Translation as Dispute Resolution". Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30562.
Testo completoAbstract (sommario):
Metaphors have long shaped the way pure translation studies describe and justify the translation phenomenon by discovering and consolidating underlying principles. Ultimately, by means of metaphor, something that dwells on the interaction of two seemingly distinct things, translation theorists have obtained a better understanding of the category of translation.
Human beings are gregarious, and disputes are inevitable in every society, ancient or modern, primitive or civilized. In fact, conflict is one iron law of life that mankind has had to improvise ways of resolving, from such formal ones as litigation to private ones such as self-help. We may not be able to eliminate dispute altogether, but we can, however, resolve it through creative and civilized means. Translation can be approached in a similar context, except it concerns a metaphorical dispute between cultures and/or languages—and probably on a more intangible and subtle platform. Disparate cultures, religions and languages in a clash can be brought closer to each other with skillful translation, and hence, translation is a variation of dispute resolution.
That never went totally unnoticed. Over the years, countless translation metaphors have been constructed and exploited with very different results, which indicates how interdisciplinary a subject translation studies really is. Yet, apparently, translation is most often metaphorized as mediation and negotiation but rarely as arbitration or litigation, and one cannot but wonder whether this happened out of sheer coincidence or because of some misunderstanding.
Thus, much as I appreciate what theorists have accomplished with translation metaphors, in regard to didactics and heuristics, my primitive observation is that translation theorists and practitioners have never made full use of metaphorization in that they might have had an incomplete idea of dispute resolution theory in general. After all, a metaphor is, ideally, meant to facilitate active learning and full integration of new knowledge, but there still remains a missing piece that is part and parcel of our metaphorization of translation. Specifically, translators have always embraced the amicable terms of negotiation and mediation, distancing themselves from non-mainstream ones such as arbitration and litigation. To that end, in my thesis, I will explore and examine translation through slightly renewed lenses, demonstrating how and why our metaphor schema and mapping should originate in dispute resolution, and why litigation, and perhaps even arbitration as dispute resolution mechanisms, would serve as good a metaphor—if not a better one—for translation. It is my resolute belief that the translator is more qualified as a judge, a respectable professional vested with immense judicial power, than as a mediator, who is but a third-party neutral facilitating dialogue between two disputants. Only in this way can metaphors do translation theory a great service by furnishing it with a renewed and objective description of translation.
Libri sul tema "The judge’s role"
1
Koopmans, Thijmen. European law and the role of the courts. London [England]: Butterworths, 1993.
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Ministers, Council of Europe Committee of. Independence, efficiency, and role of judges: Recommendation no. R(94)12. Strasbourg: Council of Europe Pub., 1995.
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Goolkasian, Gail A. Confronting domestic violence: The role of criminal court judges. [Washington, D.C.]: U.S. Dept. of Justice, National Institute of Justice, 1986.
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Goolkasian, Gail A. Confronting domestic violence: The role of criminal court judges. [Washington, D.C.]: U.S. Dept. of Justice, National Institute of Justice, 1986.
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Jay, Stewart. Most humble servants: The advisory role of early judges. New Haven: Yale University Press, 1997.
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Skąpska, Grażyna. Społeczne role prawników: Sędziów, prokuratorów, adwokatów. Wrocław: Zakład Narodowy im. Ossolińskich, 1989.
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Nnamani, G. C. The role of lawyers & judges in the speedy dispensation of justice. Enugu, Nigeria: Genna Publications, 2010.
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European Conference of Judges (1st 2003 Strasbourg, France). The early settlement of disputes and the role of judges: Proceedings. Strasbourg: Council of Europe Pub., 2005.
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Beyer, Margaret. An emerging judicial role in family court. Washington, D.C. (1800 M St., N.W., Washington 20036): American Bar Association, 1986.
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Beyer, Margaret. An emerging judicial role in family court. Washington, D.C. (1800 M St., N.W., Washington 20036): American Bar Association, 1986.
Cerca il testo completoCapitoli di libri sul tema "The judge’s role"
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van Dijk, Frans. "Perceptions of Lay Judges About Independence of the Judiciary". In Perceptions of the Independence of Judges in Europe, 53–63. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-63143-7_4.
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AbstractLay judges are citizens with particular knowledge of and experience with the judiciary. The findings of a survey among the lay judges of ten judiciaries are examined in this chapter. It is found that the perceptions of lay judges of judicial independence, their own as well as that of the professional judges, are very similar to the perceptions of the professional judges. In addition, lay judges are most positive about their independence, when they participate in judicial panels together with professional judges and when they are taken seriously by the professional judges. For them, these conditions surpass sitting alone as a judge. Although selection effects may play a role, the results indicate that experience as a lay judge leads to a much higher appreciation of judicial independence than that of (highly educated) citizens in general. This in turn indicates that the views of the general public are too negative about judicial independence.
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Graver, Hans Petter. "The Judicial Role and the Rule of Law". In Judges Against Justice, 1–11. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-662-44293-7_1.
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Harlan, John M. "The Role of Oral Argument". In Judges on Judging: Views from the Bench, 122–25. 2455 Teller Road, Thousand Oaks California 91320: CQ Press, 2017. http://dx.doi.org/10.4135/9781071800942.n12.
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Rauter, Thomas. "The Role of Judges When Determining Customary International Law". In Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege, 117–23. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-64477-6_5.
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Jackson, John, e Sean Doran. "The Umpireal Role of the Judge". In Judge Without Jury, 99–128. Oxford University PressOxford, 1995. http://dx.doi.org/10.1093/oso/9780198258896.003.0005.
Testo completoAbstract (sommario):
Abstract In Chapter Three it was explained that the judge’s role in the contest model of proof is an umpireal one. This is the general, albeit not universally accepted, view of the role of the judge in the criminal trial. The judge should exhibit both authority and restraint, remain aloof yet attentive, act as umpire but never as player, to borrow terms from the ‘sporting theory of justice’ by which the adversarial tradition is frequently characterized and at times caricatured.1 Before we consider the extent to which judges adhered to this role in the Diplock and jury trials we observed, we need to delineate more precisely the limits of the judge’s sphere of permissible intervention in the course of the adversarial criminal trial.
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Farber, Daniel A., e Suzanna Sherry. "Incrementalism". In Judgment Calls, 105–10. Oxford University PressNew York, NY, 2008. http://dx.doi.org/10.1093/oso/9780195371208.003.0011.
Testo completoAbstract (sommario):
Abstract Neither precedent nor principle nor reasoning dictates results. Judges must often make choices among plausible applications or extensions of existing doctrine. Those choices will be influenced by myriad factors, including the judge’s own policy preferences and views of the judicial role, the persuasiveness of the lawyers, the judge’s perception of public or legislative sentiment, and so on. These factors might sometimes counsel restraint and sometimes not. But one factor that influences judges always serves as a brake rather than as a goad: a preference for incremental rather than radical change.
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Lundmark, Thomas. "Political Judging". In Universals of Legal Reasoning by Judges, 57–68. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198785675.003.0003.
Testo completoAbstract (sommario):
Abstract This chapter explores various definitions or themes of the political role of judges. Equating political judging with legislative activity, which is indisputably value-laden, would mean that all judicial glosses and statements of common-law rules are legislative in nature and therefore political because they too are value-laden, and they too produce rules that look like legislation. Judicial intuition, here referred to as ‘hunching’, is also value-laden but generally unconscious. Fact-finding is also influenced by value-laden factors. The ‘lurches’ that are discussed in this chapter are more obvious examples of value-laden judging because the changes that they make in the law are major. The practice of judicial overruling is due to a perceived need to correct a precedent or to renovate the law in cases where the precedent was decided against a legal or factual background that no longer exits. However, some instances of overruling can only be explained by the ascension of new judges to the court, resulting in political (value-laden) overruling. Finally, this chapter discusses the issue of ideological judging. A judge’s ideology, whether conscious or unconscious, can have a substantial influence on the judge’s decision-making. Critically, this influence is seldom revealed in the rationalization of the judge’s decisions, in the so-called reasoning of the court. What role does political judging play in legal reasoning? The conclusion of this chapter is that politics, by any definition, has at least the potential to influence almost all judicial activity, including how judges reason in all permutations of the word ‘reason’.
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Offit, Anna. "Judicial Discretion beyond Truth". In The Imagined Juror, 103–12. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479808533.003.0007.
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This chapteroffers an example of the role that hypothetical jurors play for another critical legal actor: federal judges. Drawing at length on one criminal case, it examines a judge’s elaboration of hypothetical jurors’ perspectives when applying a discretionary rule of evidence (FRE 403). This rule considers whether the probative value of relevant evidence is significantly outweighed by its potential to unfairly prejudice jurors. Though real jurors adjudicated the case, the judge relied on imagined jurors to dramatically change the course of the trial. As part of this exercise, the prosecutors in the case came to appreciate that competing visions of justice can be claimed in an imagined jury’s name and caught a glimpse of what justice in the shadow of a judge, rather than jury, might look like.
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Geyh, Charles Gardner. "The New Judicial Selection Landscape". In Who is to Judge?, 44–76. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190887148.003.0003.
Testo completoAbstract (sommario):
Chapter 3 maps the current judicial selection landscape by describing a series of developments decades in the making that has altered the political environment of judicial elections in fundamental ways. The chapter begins with a table showing the breakdown across all fifty U.S. states regarding which of the five methods of selecting judges are used by each state in selecting its high court judges. An additional table demonstrates how each state treats the reselection of a judge after the judge’s initial appointment or election. The chapter then turns to the contributing causes of the new politics of judicial elections, which include the weakening of the Democratic Party in the southern states, the rise of discretionary Supreme Court Review and the decline of mundane cases, the migration of civil rights and civil liberties campaigns to state courts, the role judges play as enemy combatants in the War on Crime, and the battle for tort reform going on in the state courts, which have resulted in the changing landscape of the American judiciary. The chapter concludes with a discussion of the consequences of these changes.
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Munday, Roderick. "4. The course of the trial". In Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788720.003.0005.
Testo completoAbstract (sommario):
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases.
Atti di convegni sul tema "The judge’s role"
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Petkevičiūtė-Barysienė, Dovilė. "HUMAN-AUTOMATION INTERACTION IN LAW: MAPPING LEGAL DECISIONS, COGNITIVE PROCESSES, AND AUTOMATION LEVELS". In International Psychological Applications Conference and Trends. inScience Press, 2021. http://dx.doi.org/10.36315/2021inpact070.
Testo completoAbstract (sommario):
"Legal technologies not only create new ways for accessing and providing legal services, but also transform the roles of legal practitioners. Major area of the application of legal technologies are courts. Some courts, e.g., in Austria, are already using legal technologies, Germany, Brazil, France, Netherlands, Russia and others are developing legal technologies. Both lawyers and users of legal services expect automated solutions to outperform people with efficiency, objectivity and impartiality. Although perception of various characteristics of legal technologies is crucial to their implementation and use, research on the perceived characteristics of the automated processes in legal contexts have just begun. One of the major obstacles to this research is lack of comprehensive understanding what legal actions could be or already are meaningfully automated, and to what extent. The aim of this study is to map decision making stages, and automation levels, and information processing features of legal activities related to (pre)trial processes. Major legal decisions and judgments related to trial processes are identified during the consultations with legal practitioners (e.g., prosecutor, judge). Next, legal activities were described and arranged according to four-stage decision making process: information acquisition, information analysis, decision selection and decision implementation. A taxonomy of levels of automation (LOA) was customized to fit legal decision making and applied to describe each major legal activity. Lastly, dual-process model of information processing was used to delineate possible roles of intuitive and rational information processing taking place during (pre)trial decision making as they could be related to human-automation interaction. Automation level analysis provides systematic approach to interaction between humans and algorithms, along with some groundwork for the research of legal technology perceived fairness and acceptance. 10 legal activities which apply both to judge’s and prosecutor’s (potentially any other lawyer’s) legal work were discerned. The application of adapted LOA (5 levels) provided some insights into legal decision making as it allows to place existing technology, test the trust in technology threshold, and have more tangible view of automation in legal activities. Moreover, a modified hybrid default-interventionist model is proposed. It brings even more depth into analysis by specifying the role of “legal” and “heuristic” intuitions as well as the part rationalization plays in potential bias sources and formation."
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Banacu (Romaniuc), Ruxandra. "THE ROLE OF THE JUDGE IN SOLVING LABOUR AND SOCIAL SECURITY DISPUTES". In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/s02.10.
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Starting from the role of the feudal judges in the distribution of justice in Wallachia and Moldova, briefly reviewing the evolution of the legislative codification of their mission in the resolution of disputes brought before the courts, this paper analysis through the method of historical and comparative research, the orientation of the Romanian legislator towards the expansion of the freedom of the judge in finding out the truth and avoiding any judicial error. Without any doubt, it`s main task is to correctly identify the facts on which he has to rule, to apply and interpret the law and render a thorough and legal decision in accordance with the general principles contained in the Code of Civil Procedure and special laws, despite the section of law in which he is called to do justice. The main question which arises is, when solving labour and social security disputes, the judge also needs to embrace a conciliatory role? Using the qualitative methodology approach and the personal experience as a judge we will highlight that judges are ment to act like a balance between the power of the employer and employee when invested with labour disputes. Examining the jurisprudence in this matter of law, in the context of a significant increase in the number of labour disputes registered before the courts in Romania, specifically the ones that imply collective and individual dismissals, the role of the judge must be an active and positive one, oriented towards the protection of social rights and ensuring an equilibrium between the two sides of the employment contract.
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Asnawi, M., Faisal Santiago e Suparno Suparno. "The Strategic Role of Judges in Legal Finding". In Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.12-11-2022.2327266.
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Alashaal, Abdullah. "The role of international law in dealing with national legislative deficit". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp18-24.
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International law and national law and legal regime.The paper analyzed all situations in which the two systems of laws positively interact.The lacuna en droit is detested by the doctrine and all court levels,however,the national and international judges tend invariably to apply rules of exaequo et Bono,these rules are applicable by international arbitratios and law courts. The paper analyzed as well the rules that enable international law to perform it's job and the challenges they encounter the function.
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Parapat, Lidya. "The Role of Judges to Protect the Apartment Buyers from The Bankruptcy of The Developer’s Company". In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303638.
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Konini, Ivas. "The Role of Criminal Psychology in Albania’s Criminal Justice System". In 9th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2023. http://dx.doi.org/10.31410/eraz.2023.549.
Testo completoAbstract (sommario):
Forensic psychology is an emerging field that has gained increasing attention in the Albanian justice system. It encompasses the application of psychological knowledge and principles to aid judges, attorneys, and law enforcement officials in understanding complex legal issues, investigating crimes, and making informed decisions. The purpose of this paper is to explore the role and significance of forensic psychology in the Albanian justice system. Forensic psychologists in Albania play a crucial role in criminal proceedings by providing expert psychological assessments of defendants, witnesses, and victims. They evaluate the mental capacity and state of mind of defendants at the time of the crime, which helps judges and juries to make informed decisions. Forensic psychologists also assist with profiling, risk assessments, and other investigative techniques to aid in criminal investigations. One of the essential benefits of using forensic psychology in the Albanian justice system is to reduce prejudice and bias. Forensic psychologists provide objective, scientific evidence to the court, which improves the fairness and accuracy of criminal trials. The challenge facing forensic psychology in Albania is the lack of specialized training and education programs in forensic psychology. There are few professionals in the field, and therefore, forensic psychology services are not widely available. Investing in more education and training programs would increase the number of qualified experts in the field, thus leading to more extensive and effective utilization of forensic psychology in criminal proceedings. In conclusion, forensic psychology is a vital aspect of the Albanian justice system. Its use can help reduce bias and prejudice in criminal trials while improving the accuracy of decisions. However, the field faces challenges in terms of the need for specialized training and education programs for professionals. By finding the right balance between complexity and variation, we can ensure that our content is engaging and informative.
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Puerta, Antonio Medina. "The phenomenon of shadow stereopsis: basis and applications". In OSA Annual Meeting. Washington, D.C.: Optica Publishing Group, 1990. http://dx.doi.org/10.1364/oam.1990.tuy18.
Testo completoAbstract (sommario):
Shadow stereopsis is defined as the psychophysical phenomenon by which stereoscopic depth is perceived on the basis of shadows alone. It is impossible to judge the stereoscopic role of shadows by observing natural images because shadows are cast, and located, by edges that are themselves powerful stimuli for stereoscopic depth. Edges and shadows are inseparable. We isolate the role of shadows in stereo vision by means of a special technique that allows us to take stereo pictures in which all disparities, except those arising from shadows, are removed. These special stereo pairs (shadowgrams) present the same monocular view to each eye but preserve shadows as they would be seen by each eye in a natural, stereoscopic situation. The importance of shadows in stereo vision can be judged by observation of the presented shadowgrams. Shadows are a robust and powerful cue for depth perception. The same technique used to demonstrate the phenomenon of shadow stereopsis can be used to acquire anaglyph shadowgrams with a single camera and a very simple set-up consisting of a pair of light sources of complementary colors. We show many shadowgrams taken this way to corroborate the phenomenon and to demonstrate the potential of the technique.
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Wu, Mingfang, Michael Fuller e Ross Wilkinson. "The role of a judge in a user based retrieval experiment (poster session)". In the 23rd annual international ACM SIGIR conference. New York, New York, USA: ACM Press, 2000. http://dx.doi.org/10.1145/345508.345628.
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Ristova, Olja. "THE ROLE OF PROBATION SERVICE IN PRONOUNCING ALTERNATIVE MEASURES – SUSPENDED SENTENCES WITH PROTECTIVE SUPERVISION AND COMMUNITY SERVICE". In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.6.22.p21.
Testo completoAbstract (sommario):
The Law on Probation in the Republic of North Macedonia was adopted in 2015, but its implementation began in 2018, after the establishment of the Probation Offices in the Basic Courts with extended jurisdiction. Since the purpose of probation is a reduction in the prison population, education of the convicted person, as well as his/her resocialization and correction of behavior, an analysis of the scope of alternative measures to imprisonment is of great importance for examining the impact of probation reports when determining the type and weight of the criminal sanctions issued by judges. This research was conducted with a quantitative and qualitative analysis of the verdicts, in the period between 2019 and 2021, in which a suspended sentence with protected supervision and community service was issued based on the probation reports in the basic courts in North Macedonia. The quantitative analysis obtained data on the number of suspended sentences with protective supervision and community service at the level of probation offices in basic courts with extended jurisdiction. Qualitative research of the content of the verdicts gave insight into the type of crimes that most often elicit suspended sentences with protective supervision and community service by the courts; as well as the conditions, socio-economic and individual factors, based on which the respective probation office proposed protective supervision or community service in addition to suspended sentences. The analysis concludes that judges and prosecutors are insufficiently educated, which is reflected in the low level of cooperation with probation offices and the insufficient application of the legal provisions in order to achieve the main goals of probation. Keywords: alternative measures, probation, resocialization, correction, supervision.
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Tvrdíková, Linda. "Do Not Ignore the Elephant... Exploring the Role of Intuition and Experience in Judicial Decision-Making". In Argumentation 2021. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9972-2021-2.
Testo completoAbstract (sommario):
If we look at the literature about judicial decision-making and interpretation of law, we can find many texts which are dedicated to legal arguments, logic and legal reasoning – in those texts the rationality, analytical and logical thinking is glorified and an interpretation seems ‘just’ as a logical operation where judges subsume certain facts under general legal norm or norms, those norms are formulated linguistically, so it seems that the whole job of judges is to analyze texts. What we can see more rarely are discussions and texts exploring the role of intuitions, feelings and emotions and their role in judicial decision-making – at least in the Czech Republic. Those of our faculties are seen as the source of bias and distortion. Even if we look to the past, those themes are not so common among legal theorists and philosophers – especially in our tradition where we are still influenced by Hans Kelsen and František Weyr and their normative theory – but we can find exceptions and those are the American legal realists. In this paper, we will show that their observations and insights seem to be right. How can we know it? Because in last decades cognitive scientists have made big progress in the area of decision-making and it seems that we are not so rational as we thought us to be. They have explored that our thinking does not take place only through the deliberative system but, surprisingly, there is also another one system which influences our decisions. This system is automatic, fast, and intuitive – some call this system S1, Seymour Epstein an experiential system. This automatic system is more influential than our deliberative system because it is always heard – we can use Jonathan Haidt’s metaphor of an elephant and a rider. S1, the intuitive, experiential system, is an elephant and S2, the deliberative, analytical system is the rider – in legal theory, we have talked about the rider a lot but we do not explore the elephant sufficiently. This paper will try to uncover the nature of the elephant.
Rapporti di organizzazioni sul tema "The judge’s role"
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Baker, James E., Laurie Hobart e Matthew Mitterlsteadt. AI for Judges. Center for Security and Emerging Technology, dicembre 2021. http://dx.doi.org/10.51593/20190019.
Testo completoAbstract (sommario):
As artificial intelligence transforms the economy and American society, it will also transform the practice of law and the role of courts in regulating its use. What role should, will, or might judges play in addressing the use of AI? And relatedly, how will AI and machine learning impact judicial practice in federal and state courts? This report is intended to provide a framework for judges to address AI.
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Sri Sailaja Rani, M., Dr Pasula Anurag e Dr K. Swapnika Lahari. ROLE OF GUM CHEWING ON THE DURATION OF POSTOPERATIVE ILEUS FOLLOWING ABDOMINAL SURGERIES. World Wide Journals, febbraio 2023. http://dx.doi.org/10.36106/ijar/3106430.
Testo completoAbstract (sommario):
AIMS & OBJECTIVES:1) To evaluate the effect of gum chewing on the duration of postoperative ileus following abdominal surgeries. Patients in study group (n=25) were asked to chew one stick of METHODS: chewing gum for 30 min four times a day until passing atus while the control group (n=25) patients were kept nil per orally until the passage of atus. RESULTS: Based on the results it can be concluded that on chewing gum it was seen that the duration of overall recovery of bowel movements in form of appearance of bowel sound, passing atus and motion and feeling of hunger, occurred early in patients chewing gum CONCLUSION:Gum chewing after abdominal surgeries has shown to signicantly reduced postoperative ileus as judged by the appearance of bowelsounds ansd passage of atus as well as stools.
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Mulumba, Moses, Nimrod Muhumuza, Ibrahim Nsereko, Abdulkharim Muhumuza, Alimah Komuhangi, Jessica O. Oga, Christopher Baguma, Molly Nkonsi e Joselyn Nakyeyune. THE ROLE OF AFRICAN JUDGES IN SHAPING POLICY ON SEXUAL AND REPRODUCTIVE HEALTH & RIGHTS USING AN AFRICENTRIC APPROACH: An analysis from select cases across the continent. Afya na Haki, agosto 2023. http://dx.doi.org/10.63010/6kstl.
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Kaplan, David S., e Joyce Sadka. The Plaintiff's Role in Enforcing a Court Ruling: Evidence from a Labor Court in Mexico. Inter-American Development Bank, luglio 2011. http://dx.doi.org/10.18235/0011223.
Testo completoAbstract (sommario):
We analyze the outcomes of 332 cases from a labor court in Mexico in which a judge awarded money to a plaintiff who claimed to have been fired by a firm without cause. The judgments were enforced in only 40% of the cases. A plaintiff may try to enforce a judgment by petitioning the court to seize the firm's assets when the firm refuses to pay. Thirty eight percent of the enforced judgments required at least one seizure attempt. We estimate the parameters of post judgment games in which the worker does not know if a seizure attempt would ultimately succeed and show that these models explain the data well. We then simulate the effects of a policy that reduces worker costs of a seizure attempt. We find that this policy would increase the probability of enforcement, either by increasing the probability that the worker attempts an asset seizure or by inducing firms to pay voluntarily to avoid such seizure attempts. However, reducing worker costs of seizure attempts can only have a modest effect on enforcement probabilities because a high percentage of firms are able to avoid payment in spite of worker efforts to force collection.
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Carpita, Nicholas C., Ruth Ben-Arie e Amnon Lers. Pectin Cross-Linking Dynamics and Wall Softening during Fruit Ripening. United States Department of Agriculture, luglio 2002. http://dx.doi.org/10.32747/2002.7585197.bard.
Testo completoAbstract (sommario):
Our study was designed to elucidate the chemical determinants of pectin cross-linking in developing fruits of apple and peach and to evaluate the role of breakage cross-linkages in swelling, softening, and cell separation during the ripening. Peaches cell walls soften and swell considerably during the ripening, whereas apples fruit cells maintain wall firmness but cells separate during late stages of ripening. We used a "double-reduction" technique to show that levels of non-methyl esters of polyuronic acid molecules were constant during the development and ripening and decreased only in overripe fruit. In peach, methyl and non-methyl esters increased during the development and decreased markedly during the ripening. Non-methyl ester linkages in both fruit decreased accompanied fruit softening. The identity of the second component of the linkage and its definitive role in the fruit softening remain elusive. In preliminary examination of isolated apples cell walls, we found that phenolic compounds accumulate early in wall development but decrease markedly during ripening. Quantitative texture analysis was used to correlate with changes to wall chemistry from the fresh-picked ripe stage to the stage during storage when the cell separation occurs. Cell wall composition is similar in all cultivars, with arabinose as the principal neutral sugar. Extensive de-branching of these highly branched arabinans pre-stages softening and cell-cell separation during over-ripening of apple. The longer 5-arabinans remain attached to the major pectic polymer rhamnogalacturonan I (RG I) backbone. The degree of RG I branching, as judged from the ratios of 2-Rha:2,4-Rha, also decreases, specially after an extensive arabinan de-branching. Loss of the 4-Rham linkages correlated strongly with the softening of the fruit. Loss of the monomer or polymer linked to the RG I produce directly or indirectly the softening of the fruit. This result will help to understand the fruit softening and to have better control of the textural changes in fruit during the ripening and especially during the storage. 'Wooliness', an undesirable mealy texture that is induced during chilling of some peach cultivars, greatly reduces the fruit storage possibilities. In order to examine the hypothesis that the basis for this disorder is related to abnormality in the cell wall softening process we have carried out a comparative analysis using the resistant cultivar, Sunsnow, and a sensitive one, Hermosa. We investigated the activity of several pectin- and glycan-modifying enzymes and the expression of their genes during ripening, chilling, and subsequent shelf-life. The changes in carbohydrate status and in methyl vs. non-methyl uronate ester levels in the walls of these cultivars were examined as well to provide a basis for comparison of the relevant gene expression that may impact appearance of the wooly character. The activities of the specific polygalacturonase (PGase) and a CMC-cellulase activities are significantly elevated in walls of peaches that have become wooly. Cellulase activities correlated well with increased level of the transcript, but differential expression of PGase did not correspond with the observed pattern of mRNA accumulation. When expression of ethylene biosynthesis related genes was followed no significant differences in ACC synthase gene expression was observed in the wooly fruit while the normal activation of the ACC oxidase was partially repressed in the Hermosa wooly fruits. Normal ripening-related loss of the uronic acid-rich polymers was stalled in the wooly Hermosa inconsistent with the observed elevation in a specific PGase activity but consistent with PG gene expression. In general, analysis of the level of total esterification, degree of methyl esterification and level of non-methyl esters did not reveal any major alterations between the different fruit varieties or between normal and abnormal ripening. Some decrease in the level of uronic acids methyl esterification was observed for both Hermosa and Sunsnow undergoing ripening following storage at low temperature but not in fruits ripening after harvest. Our results support a role for imbalanced cell wall degradation as a basis for the chilling disorder. While these results do not support a role for the imbalance between PG and pectin methyl esterase (PME) activities as the basis for the disorder they suggest a possible role for imbalance between cellulose and other cell wall polymer degradation during the softening process.
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Meidan, Rina, e Robert Milvae. Regulation of Bovine Corpus Luteum Function. United States Department of Agriculture, marzo 1995. http://dx.doi.org/10.32747/1995.7604935.bard.
Testo completoAbstract (sommario):
The main goal of this research plan was to elucidate regulatory mechanisms controlling the development, function of the bovine corpus luteum (CL). The CL contains two different sterodigenic cell types and therefore it was necessary to obtain pure cell population. A system was developed in which granulosa and theca interna cells, isolated from a preovulatory follicle, acquired characteristics typical of large (LL) and small (SL) luteal cells, respectively, as judged by several biochemical and morphological criteria. Experiments were conducted to determine the effects of granulosa cells removal on subsequent CL function, the results obtained support the concept that granulosa cells make a substaintial contribution to the output of progesterone by the cyclic CL but may have a limited role in determining the functional lifespan of the CL. This experimental model was also used to better understand the contribution of follicular granulosa cells to subsequent luteal SCC mRNA expression. The mitochondrial cytochrome side-chain cleavage enzyme (SCC), which converts cholesterol to pregnenolone, is the first and rate-limiting enzyme of the steroidogenic pathway. Experiments were conducted to characterize the gene expression of P450scc in bovine CL. Levels of P450scc mRNA were higher during mid-luteal phase than in either the early or late luteal phases. PGF 2a injection decreased luteal P450scc mRNA in a time-dependent manner; levels were significantly reduced by 2h after treatment. CLs obtained from heifers on day 8 of the estrous cycle which had granulosa cells removed had a 45% reduction in the levels of mRNA for SCC enzymes as well as a 78% reduction in the numbers of LL cells. To characterize SCC expression in each steroidogenic cell type we utilized pure cell populations. Upon luteinization, LL expressed 2-3 fold higher amounts of both SCC enzymes mRNAs than SL. Moreover, eight days after stimulant removal, LL retained their P4 production capacity, expressed P450scc mRNA and contained this protein. In our attempts to establish the in vitro luteinization model, we had to select the prevulatory and pre-gonadotropin surge follicles. The ratio of estradiol:P4 which is often used was unreliable since P4 levels are high in atretic follicles and also in preovulatory post-gonadotropin follicles. We have therefore examined whether oxytocin (OT) levels in follicular fluids could enhance our ability to correctly and easily define follicular status. Based on E2 and OT concentrations in follicular fluids we could more accurately identify follicles that are preovulatory and post gonadotropin surge. Next we studied OT biosynthesis in granulosa cells, cells which were incubated with forskolin contained stores of the precursor indicating that forskolin (which mimics gonadotropin action) is an effective stimulator of OT biosynthesis and release. While studying in vitro luteinization, we noticed that IGF-I induced effects were not identical to those induced by insulin despite the fact that megadoses of insulin were used. This was the first indication that the cells may secrete IGF binding protein(s) which regonize IGFs and not insulin. In a detailed study involving several techniques, we characterized the species of IGF binding proteins secreted by luteal cells. The effects of exogenous polyunsaturated fatty acids and arachidonic acid on the production of P4 and prostanoids by dispersed bovine luteal cells was examined. The addition of eicosapentaenoic acid and arachidonic acid resulted in a dose-dependent reduction in basal and LH-stimulated biosynthesis of P4 and PGI2 and an increase in production of PGF 2a and 5-HETE production. Indomethacin, an inhibitor of arachidonic acid metabolism via the production of 5-HETE was unaffected. Results of these experiments suggest that the inhibitory effect of arachidonic acid on the biosynthesis of luteal P4 is due to either a direct action of arachidonic acid, or its conversion to 5-HETE via the lipoxgenase pathway of metabolism. The detailed and important information gained by the two labs elucidated the mode of action of factors crucially important to the function of the bovine CL. The data indicate that follicular granulosa cells make a major contribution to numbers of large luteal cells, OT and basal P4 production, as well as the content of cytochrome P450 scc. Granulosa-derived large luteal cells have distinct features: when luteinized, the cell no longer possesses LH receptors, its cAMP response is diminished yet P4 synthesis is sustained. This may imply that maintenance of P4 (even in the absence of a Luteotropic signal) during critical periods such as pregnancy recognition, is dependent on the proper luteinization and function of the large luteal cell.
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CONSENSUS STUDY ON THE STATE OF THE HUMANITIES IN SOUTH AFRICA: STATUS, PROSPECTS AND STRATEGIES. Academy of Science of South Africa, 2011. http://dx.doi.org/10.17159/assaf.2016/0025.
Testo completoAbstract (sommario):
The purpose of this study was to provide evidence-based advice on the status and future role of the Humanities in South Africa to government and other stakeholders (such as science councils, the department of education, universities) as a contribution towards improving the human condition. Everywhere, the Humanities is judged by many to be in “crisis.” The reasons for this, in South Africa, include the governmental emphasis on science and technology; the political emphasis on the economically-grounded idea of “developmentalism;” the shift of values among youth (and their parents) towards practical employment and financial gain; and the argument that the challenges faced by our society are so urgent and immediate that the reflective and critical modes of thinking favoured in the Humanities seem to be unaffordable luxuries. The Report provides invaluable detail about the challenges and opportunities associated with tapping the many pools of excellence that exist in the country. It should be used as a guideline for policymakers to do something concrete to improve the circumstances faced by the Humanities, not only in South Africa but also around the world. Amongst other recommendations, the Report calls for the establishment of a Council for the Humanities to advise government on how to improve the status and standing of the Humanities in South Africa. It also calls for initiation, through the leadership of the Department of Basic Education, considered measures to boost knowledge of and positive choices for the Humanities throughout the twelve years of schooling, including progressive ways of privileging the Arts, History and Languages in the school curriculum through Grade 12.