Results 21 to 30 of about 11,630 (161)

The application of cognitive neuroscience to judicial models: recent progress and trends

Frontiers in Neuroscience, 2023
Legal prediction presents one of the most significant challenges when applying artificial intelligence (AI) to the legal field. The legal system is a complex adaptive system characterized by the ambiguity of legal language and the diversity of value ...
Ni Zhang, Zixuan Zhang
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The role of the us supreme court in the legal system

Хабаршы. Заң сериясы, 2021
The purpose of the article on the topic of judicial lawmaking in the USA, which attempts to invade the educational process and intensify the study of the History of State and Law of Foreign Countries, is devoted to the U.S.
A. A. Aryn
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Evaluation of Judicial Procedure in the Essence of the Method of the Wise [PDF]

پژوهشهای حقوقی
Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies.
Moein Gholamalipour, Ahmad Bagheri
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Může soud dotvořením práva pomoci zaměstnanci se zdravotním postižením?

Acta Universitatis Carolinae Iuridica
In this paper I attempt to examine the question of whether the court can aid an employee with a disability through judicial law-making. I do so by analysing the Supreme Court’s decision 21 Cdo 1276/2016.
Nicolas Ölveczky
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Karl Olivecrona on Judicial Law‐Making

Ratio Juris, 2009
AbstractThe Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective ...
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International Judicial Law-Making [PDF]

SSRN Electronic Journal, 2012
The role of judicial institutions in the development of international law has been an open question since the days of the Permanent Court of International Justice. Already in 1934, Hersch Lauterpacht had advanced the claim that ‘judicial law-making is a permanent feature of the administration of justice in every society’.
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Hart on Judicial Discretion

Problema: Anuario de Filosofía y Teoría del Derecho, 2011
El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajes que se han convertido en íconos de la teoría jurídica. Este artículo se concentra en el capítulo 7, sección 1 y 2, y en los comentarios que realizara Hart sobre la discreción ...
Roger A. Shiner
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Analogy of Law as a Form of Judicial Precedent

Теоретическая и прикладная юриспруденция
This study is devoted to the problem of the relationship between judicial precedent and the analogy of law. The author, studying the nature of judicial law-making, notes that law-making activity is inherent in any body of the state, if the constitution ...
Yu. G. Izotov
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The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

International Journal for Court Administration, 2016
Although largely invisible to the public, behind the scenes, judicial assistants/law clerks frequently play a vital role in the process of adjudication.
Nina Holvast
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TREND TO APPROVAL OF THE IDEA OF JUDICIAL LAW MAKING IN PROCEDURAL LEGISLATION AND JUDICIAL PRACTICE [PDF]

Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science, 2021
The article points out the lack of uniformity in the legal regulation of the issues under study, namely, problems of the abolition of judicial acts, as well as the unjustified differentiation of legal regulation in various procedural codes, in which, to one degree or another, the role of judicial legal interpretation as a source of law is determined ...
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