Detailed Information on Publication Record
2019
The element of intuition in legal decision-making
MALANÍK, MichalBasic information
Original name
The element of intuition in legal decision-making
Authors
MALANÍK, Michal (203 Czech Republic, guarantor, belonging to the institution)
Edition
Brno, Argumentation 2019, p. 1-20, 20 pp. 2019
Publisher
Masaryk University
Other information
Language
English
Type of outcome
Stať ve sborníku
Country of publisher
Czech Republic
Confidentiality degree
není předmětem státního či obchodního tajemství
Publication form
printed version "print"
References:
RIV identification code
RIV/00216224:14220/19:00112864
Organization
Právnická fakulta – Repository – Repository
ISBN
978-80-210-9445-1
UT WoS
000670577900001
Keywords in English
Decision-Making; Judges; Intuition
Změněno: 18/8/2021 02:01, RNDr. Daniel Jakubík
Abstract
V originále
This paper focuses on the elements that influence judges throughout their decision-making process, namely it tries to point out a few pressing questions about judges’ intuition. American legal realists, attempting to disprove certain elements of legal formalism tried to set a light to judges’ practice, claiming that judges are deciding cases on the basis of their beliefs and legal hunching (their intuition) instead of blindly following the legal rules and interpretive doctrines, and using their rationalization to bolster their intuitive decision with the doctrinal principles rather than derive the decision out of them. During the last few decades there were various researches conducted studying the decision-making processes of the judges in connection to their political affiliations, race, education, demographics etc., but very few of those were focused solely on the element of intuition. That being said about the American legal space this paper points out that almost no relevant research exists in the Czech legal background. Thus, the paper emphasizes the importance of (further) studies in this field and introduces a pilot research conducted on selected Czech Supreme Court justices focusing on their decision-making process.