scholarly journals Empirisk forskning om domstolar i Finland

2017 ◽  
Vol 104 (2) ◽  
pp. 153-160
Author(s):  
Mika Sutela
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Drunk Driving ◽  
Process Data ◽  
Legal Research ◽  
Judicial Process ◽  
Research Tradition ◽  
Procedural Law ◽  
Wide Range

AbstractThe subject of my article-based dissertation in law was decision-making in the general courts of Finland. My research aimed to describe how uniform decisionmaking is in the Finnish courts. With regard to district courts convictions of aggravated drunk driving were the main focus of my study. The results show that there are regional differences in the sentences. Results are based on empirical legal research that draws on aspects of criminal and procedural law as well as criminology. Prior to this, only a few empirical studies had been conducted in Finland that focused on the courts and other criminal sanctioning systems. In the current dissertation, the equality and predictability of judicial decision-making act as theoretical starting points. The dissertation adopts a research tradition established at the international level where the influence of legal and extra-legal factors, e.g., offender age, on sentencing is explored. At a more theoretical level, the dissertation reflects the research tradition of legal realism. Empirical legal research will play an increasingly important role in the future. It can increase both equality before the law, as well as the transparency of decision-making and confidence in the judicial process. Data on, e.g., punishments meted out by the courts, should be kept as current as possible since information on the functioning of the legal system is important. Empirical court research provides a unique basis for discussing levels of punishment. The functioning of the legal system has a major impact on society. Empirical data, including statistics, provide a good basis for a wide range of research.

scholarly journals Empirisk forskning om domstolar i Finland

2017 ◽  
Vol 104 (2) ◽  
pp. 153-160
Author(s):  
Mika Sutela
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Process Data ◽  
Legal Research ◽  
Judicial Process ◽  
Legal Realism ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
Wide Range

The subject of my article-based dissertation in law was decision-making in the general courts of Finland. My research aimed to describe how uniform decisionmaking is in the Finnish courts. With regard to district courts convictions of  gravateddrunk driving were the main focus of my study. The results show that there are regional differences in the sentences. Results are based on empirical legal research that draws on aspects of criminal and procedural law as well as criminology. Prior to this, only a few empirical studies had been conducted in Finland that focused on the courts and other criminal sanctioning systems. In the current dissertation, the equality and predictability of judicial decision-making at the international level where the influence of legal and extra-legal factors, e.g., offender age, on sentencing is explored. At a more theoretical level, the dissertation reflects the research tradition of legal realism. Empirical legal research will play an increasingly important role in the future. It can increase both equality before the law, as well as the transparency of decision-making and confidence in the judicial process. Data on, e.g., punishments meted out by the courts, should be kept as current as possible since information on the functioning of the legal system is important. Empirical court research provides a unique basis for discussing levels of punishment. The functioning of the legal system has a major impact on society. Empirical data, including statistics, provide a good basis for a wide range of research.1.

scholarly journals Analytical support of the procedural decision-making process

2020 ◽  
Vol 4 ◽  
pp. 20-32
Author(s):  
F.B. Agayev ◽  
Keyword(s):  
Decision Making ◽  
Fuzzy Inference ◽  
Criminal Code ◽  
Information Support ◽  
Legal Research ◽  
Practical Action ◽  
Legal Norms ◽  
Procedural Law ◽  
Legal Method ◽  
The Status

In the process of legal research, private scientific methods are developed and used to study legal reality, such as the method of comparative jurisprudence, the method of interpretation (explanation) and the formal legal method. However, at the present stage of legal research, it is impossible to be limited only by these methods. Even legal scholars who consistently defend the status of dogmatic jurisprudence recognize that the application of these methods, with all their merits, sets a limiting framework in un-derstanding the practical action of positive law and the originality of its theoretical vision. Nevertheless, the application of these methods in the study of legal reality allows us to draw a conclusion about the general trends in the development of evaluative concepts that are fundamental in civil procedural law. It is offered an approach to the formation of a system of information support of procedural decision-making based on the application of fuzzy inference mechanism implemented in the logical basis of the feedforward multilayer neural network. Under this approach, a method to overcome the semantic uncer-tainty in the evaluation terms of procedural law is developed by using appropriate terms (fuzzy sets) of corresponding linguistic variables. As an example it is selected the Articles on “Violation of copyright or neighboring rights” of the Criminal Code of the Azerbaijan Republic based on which has been proposed formalism for the evaluation concept of “significant harm” in relation to the sanction applied. For mak-ing an adequate to evaluation concept notion it is proposed grading scale of possible sanctions, obtained on the basis of the description of the relevant legal norms in terms of fuzzy implicative rules.

Procedures of Decision-Making and the Role of Law in International Organizations

2008 ◽  
Vol 9 (11) ◽  
pp. 1939-1964 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
International Organizations ◽  
National Level ◽  
Public Law ◽  
Public Officials ◽  
Public Power ◽  
Legal Standards ◽  
Procedural Law ◽  
Wide Range

There is no general body of procedural law for decision-making in international organizations. At the same time, many of the more than 230 existing international organizations (IOs) exercise public power through legislative and regulatory activities involving a myriad of decisions taken within these institutions every day. These decisions shape societal perceptions of a wide range of pressing humanitarian-, ecological, technical- and scientific issues and direct actions taken in these fields. From a rule of law perspective any exercise of public power outside a limiting framework of public law is reason for concern. According to the domestic rule of law traditions, public law is supposed to prescribe the form in which public power is exercised. It regulates the process of decision-making by establishing binding procedures, including procedural rights of participants and affected individuals. In case of unlawful exercise of power by public officials affected persons and entities have legal recourse to an independent court or tribunal. If formalized procedural constraints for the exercise of public authority are important at the national level they are all the more so at the international level since conflicts over substantive legal standards and disagreement over community values are usually more acute.

scholarly journals National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic

2021 ◽  
Vol 5 (2) ◽  
pp. 41-64
Author(s):  
Ahmad Habib Al Fikry ◽  
Muhammad Riyan Afandi ◽  
Dian Latifiani
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Law Reform ◽  
Literature Study ◽  
Legal Research ◽  
The Third ◽  
Procedural Law ◽  
National Legal System ◽  
The Times ◽  
Secondary Materials

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation. 

scholarly journals As medidas estruturantes e a compatibilidade com o direito processual brasileiro

2020 ◽  
Vol 24 (2) ◽  
pp. 64-80
Author(s):  
Renata Bolzan Renata Bolzan Jauris ◽  
◽  
Luiz Fernando Bellinetti ◽  
Keyword(s):  
Decision Making ◽  
Literature Review ◽  
Legal System ◽  
Civil Procedure ◽  
Decision Making Process ◽  
Access To Justice ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
State Functions

This paper explores the possibility of applying structuring injunctions in Brazilian civil procedural law. Utilizing literature review, this study explores whether the Brazilian, constitutional and infraconstitutional normative system is apt for the adoption of structuring injunctions without contradicting or affronting the current legal system. To this end, this article analyzes the constitutional principles of access to justice, the division of state functions, as well as the principles of demand and correlation. It also studies legislative innovations of the Brazilian Code of Civil Procedure of 2015, specifically the general procedural clauses and the principle of collaboration. This study then goes on to study article 21 of the Law of Introduction to Norms of Brazilian Law, which adopts explicitly the use of structural measures in the judicial decision-making process.

scholarly journals Typical and exemplary cases in administrative proceedings: features and special aspects of consideration

2021 ◽  
pp. 81-91
Author(s):  
Iryna Balakarieva ◽  
Olena Marchenko ◽  
Nadiia Pysarenko
Keyword(s):  
Decision Making ◽  
Reference Points ◽  
Court Decisions ◽  
The Public ◽  
Procedural Law ◽  
Judicial Practice ◽  
Wide Range ◽  
Mandatory Rules ◽  
Administrative Proceedings

Currently, the institute of typical and exemplary cases is represented by the norms of only one of the national procedural laws, namely, the norms of the Code of Administrative Proceedings of Ukraine. This is completely justified because the probability of similar legal disputes between individuals and subjects of authoritative powers is extremely high. Subjects of authoritative powers apply the same rules of law to a wide range of persons. Such application may be based on misunderstanding of general mandatory rules resulting in violation of the rights of individuals or restriction of these rights implementation. Besides, in most cases, the legal disputes to be considered under the rules of administrative proceedings need to be decided as soon as possible. Referring to the institute of typical and exemplary cases makes it possible to ensure the necessary rapid decision-making: the decision at exemplary case gives reference points in considering typical cases. In other words, the judge in fact receives a "competent recommendation" according to which he is obliged to decide a case characterized by typical features. Taking this into account the authors consider that according to the national legislator, the institute of typical and exemplary cases is aimed, inter alia, at ensuring the unity of judicial practice. The paper presents the analysis of the provisions of procedural law, the study of corresponding court decisions. Taking this into consideration an attempt is made to identify to what extent the implementation of the institute of typical and exemplary cases has influenced the unification of Ukrainian courts judging the public-legal disputes that can be considered the most common.

scholarly journals E-Era of Jurisdiction:Empowering Traditional Courts Using Various Artificial Intelligence Tools

2018 ◽  
Vol 7 (2) ◽  
pp. 57-61
Author(s):  
Balam Singh Dafauti
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Cloud Computing ◽  
Judicial System ◽  
Judicial Process ◽  
Wide Range ◽  
Artificial Intelligence Technology ◽  
Tools And Techniques ◽  
Analytical Tools ◽  
Indian Scenario

In Indian scenario, we are still in the transformation phase from manual to electronic data processing. We are in balanced combination of simple, moral, responsive and transparent governance and IT tools and techniques. However a lot of scope is still there to do more and to imply IT in various governmental departments and domains. In the same sequence we can use artificial intelligence along with cloud computing to improve Indian Judicial system. Or we can say that the concept of e-courts can be enhanced by implying AI tools and techniques. The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges’ discretionary reasoning. In this paper I have proposed a solution where judicial system with AI contributes to a process that encompasses such a wide range of knowledge, judgment, and experience. It have two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process.

The Epistemology of Non-Visual Perception

2020 ◽  
Keyword(s):  
Decision Making ◽  
Visual Perception ◽  
Philosophy Of Mind ◽  
Empirical Studies ◽  
Philosophy Of Art ◽  
Action Perception ◽  
Event Perception ◽  
Sensory Experiences ◽  
Wide Range ◽  
The Relationship

Most of the research on the epistemology of perception has focused on visual perception. This is hardly surprising given that most of our knowledge about the world is attributable to our visual experiences. This edited volume is the first to instead focus on the epistemology of non-visual perception—hearing, touch, taste, and cross-sensory experiences. Drawing on recent empirical studies of emotion, perception, and decision-making, it breaks new ground on discussions of whether perceptual experience can yield justified beliefs and how to characterize those beliefs. The Epistemology of Non-Visual Perception explores questions not only related to traditional sensory perception, but also to proprioceptive, interoceptive, multisensory, and event perception, expanding traditional notions of the influence that conscious non-visual experience has on human behavior and rationality. Contributors investigate the role that emotions play in decision-making and agential perception and what this means for justifications of belief and knowledge. They analyze the notion that some sensory experiences, such as touch, have epistemic privilege over others, as well as perception’s relationship to introspection, and the relationship between action, perception, and belief. They engage with topics in aesthetics and the philosophy of art, exploring the role that artworks can play in providing us with perceptional knowledge of emotions. The essays collected here, written by top researchers in their respective fields, offer perspectives from a wide range of philosophical disciplines and will appeal to scholars interested in philosophy of mind, epistemology, and philosophical psychology, among other topics.

The Politics of Courts in China

2017 ◽  
Vol 2 (2) ◽  
pp. 129-153 ◽  
Author(s):  
Xin He
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Judicial Independence ◽  
Law And Society ◽  
Decision Making Processes ◽  
People’S Attitudes ◽  
The Relationship

Politics has shaped the operation of the Chinese courts as well as their decision-making processes. This article surveys mostly empirical studies on the relationship between the courts and politics. It covers topics such as judicial independence, local protectionism, judicial mediation, judicial innovation, judicial reforms, and people’s attitudes toward the courts. It provides a clue to understand the trajectory of the Chinese courts, the legal system, and the relationship between law and society in general.

scholarly journals The Dominance and Influence of Positivism Paradigm on Judicial Decision Making

2018 ◽  
Vol 54 ◽  
pp. 07004
Author(s):  
Tri Laksmi Indreswari
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Secondary Data ◽  
Court Decision ◽  
Pivotal Role ◽  
Primary Data ◽  
Judicial Decision ◽  
Legal Research ◽  
Judicial Process ◽  
Judicial Decision Making

The court plays a pivotal role in the Indonesian law enforcement. The judge is the key component of judicial process and how the judge`s paradigm will give impact on court decision making. Paradigm represents a worldview of judge when handling a case. This paper used double type of legal research, doctrinal and non-doctrinal. Doctrinal legal research is used to obtain the secondary data and non-doctrinal legal research is intended to obtain the primary data. The purpose of this paper is to describe the factual condition of the paradigm on judicial decision making and to explain the influence of positivism paradigm on judge`s role. The result concludes that the judge`s paradigm still dominate by positivism paradigm and judge`s role is only applying the law.

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