How to Measure the Quality of Judicial Reasoning?

Abstract

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book. Intro; Contents; Editors and Contributors; 1 Measuring the Unmeasurable?; Abstract; 1 Measuring the Quality of Judicial Reasoning; 2 Country Studies: A Comparative Experience; 3 Measuring the Quality of Judicial Reasoning in Supranational Courts; 4 Conclusion; References; 2 Judging and the Ethical Life; Abstract; 1 Introduction; 2 The Unjust Judge; 2.1 The Anxious Judge; 2.2 The Judge in the Middle; 2.3 Forgetting the Widow; 2.4 Escape into Rules; 2.5 The Judge Disappears; 2.6 The Widow Disappears; 3 Moral Machines; 3.1 Robojudge; 3.2 The Kantian Saint; 3.3 Hard Cases Make Bad Law 4 Confronting the Widow4.1 Domesticating the Particular; 4.2 The Anxiety of the Particular; 4.3 Listening to the Particular; 5 In the Judgement Space; 5.1 The Particularity Void; 5.2 Masters of Law; 5.3 Attention; 5.4 At Homeness: Insight and the Hunch; 6 Conclusion; 6.1 At the Limits of Language; 6.2 Beyond Text; 6.3 The Judge and the Ethical Life; References; 3 How to Measure? An Essay on the Social Context of Measuring Quality; Abstract; 1 The Nature of Judicial Work; 2 Justice or Right?; 3 Measurement as Control; 4 Quality Control?; 5 The Context of Measuring Judges; References 4 Judicial Reasoning from the Perspective of Behavioural Law and EconomicsAbstract; 1 Introduction; 2 The Quality of Judicial Decision-Making and Its Limits-The Impact of Heuristics and Biases on Adjudication; 3 Adjudication Under the Shadow of Emotions; 4 Conclusion; Acknowledgements; References; 5 Quality of Justice and Lay Participation in the Light of &!blank; Scientific Studies; Abstract; 1 Introduction; 2 The Importance of Lay Participation in the 21st Century; 2.1 Lay Justice as a Means of Self-governance in Democratic Societies 3 Lay Participation in Dispensing Justice as a Means of Strengthening the Legitimacy of Justice4 Lay Persons as Fact-Finders; 5 Control Function; 6 Conclusions; Acknowledgements; References; 6 Obstacles and Opportunities-Measuring the Quality of Judicial Reasoning; Abstract; 1 Introduction; 2 Why Reasoning?; 3 Standards of the Evaluation; 4 Who Measures?; 5 How to Measure?; 5.1 The Direct Form of Evaluation; 5.2 Indirect Quality Assessment; 6 Conclusion; References; 7 Quality of Judicial Reasoning: England and Wales; Abstract; 1 Introduction; 2 Role of the Judge in England and Wales 3 Standards of Judicial Reasoning: 'The Pull of Justification'3.1 Why Give Reasons?; 3.2 How to Give Reasons?; 4 Skills and Knowledge: Judges as Professionals and Measuring the Standards; 4.1 Merit-Based Appointments and Judicial Skill; 4.2 Quality of Judicial Reasoning at the Supreme Court; 4.3 Quality Standards and Judicial Reasoning: Administrative Tribunals; 5 Other Factors Affecting the Quality of Judicial Reasons; 6 Conclusions; Acknowledgements; References; 8 Quality of Justice and of Judicial Reasoning in Italy; Abstract; 1 The Question of the Quality of Justice in Italy