Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adhere…
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adhere…
Why do autocrats hold political trials when outcomes are presumed known from the start? Undue Process examines how autocrats weaponize the judiciary to stay in control. Contrary to conventional wisdom that courts constrain arbitrary power, Shen-Bayh argues that judicial processe…
As the work of the International Criminal Tribunals for the Former Yugoslavia and Rwanda draws to a close, this collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in int…
As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in int…
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard…
Présentation de l'éditeur : "Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing…
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard…
Introduction to a comparative study on judicial engagement with science -- The rules of judicial engagement with science : a three-fold challenge -- Judicial engagement with science in the environmental case : law of the International Court of Justice -- Science in the practice …
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard…
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard…
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
"Science often entails connotations of 'objectivity', 'certainty', and the capability to discover the 'factual truth'. Judicial decisions, in turn, are routinely associated with resolving disputes in a 'final', 'neutral', and 'authoritative' way. Yet international environmental …