How to Measure the Quality of Judicial Reasoning (Ius Gentium: Comparative Perspectives on Law and Justice, 69)

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. Front Matter ....Pages i-viii Measuring the Unmeasurable? (Mátyás Bencze, Gar Yein Ng)....Pages 1-23 Judging and the Ethical Life (Zenon Bańkowski)....Pages 25-41 How to Measure? An Essay on the Social Context of Measuring Quality (Zoltán Fleck)....Pages 43-55 Judicial Reasoning from the Perspective of Behavioural Law and Economics (Mariusz Jerzy Golecki)....Pages 57-72 Quality of Justice and Lay Participation in the Light of Scientific Studies (Attila Badó)....Pages 73-86 Obstacles and Opportunities—Measuring the Quality of Judicial Reasoning (Mátyás Bencze)....Pages 87-101 Quality of Judicial Reasoning: England and Wales (Gar Yein Ng)....Pages 103-121 Quality of Justice and of Judicial Reasoning in Italy (Francesco Contini)....Pages 123-140 The Quality of Adjudication in France (Emmanuel Jeuland)....Pages 141-154 Quality of Legal Decisions: The Criteria Established by the Finnish Judiciary (Markku Kiikeri)....Pages 155-171 The Quality of Justice and of Judicial Reasoning in the Czech Republic (Zdenek Kühn)....Pages 173-186 Methods of Quality Assessment of Judicial Reasoning in Hungary (Ágnes Kovács, Mátyás Bencze, Zsolt Ződi)....Pages 187-205 Quality of Reasoning in International Criminal Tribunals (Marjan Ajevski)....Pages 207-224 The Quality of Decision-Making at the Court of Justice of the European Union (Gerard Conway)....Pages 225-250 Reflections on Legal Reasoning in the Case Law of the European Court of Human Rights (David Thor Björgvinsson)....Pages 251-268