PrF:MVV315K Judicial Decision Making

MVV315K Judicial Decision Making

Faculty of Law
Autumn 2020

Extent and Intensity

0/1/0. 3 credit(s). Type of Completion: k (colloquium).

Teacher(s)

JUDr. Monika Martišková, PhD. (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)

Guaranteed by

prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law

Timetable of Seminar Groups

MVV315K/01: Mon 30. 11. 18:00–19:40 041, Tue 1. 12. 16:00–17:40 041, 18:00–19:40 041, Wed 2. 12. 18:00–19:40 041, Thu 3. 12. 16:00–17:40 041, M. Martišková

Course Enrolment Limitations

The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 2/30, only registered: 0/30

fields of study / plans the course is directly associated with

there are 38 fields of study the course is directly associated with, display

Course objectives

The whole course deals with the question of judicial decision making or making of law. It particularly examines the present period in Central Europe and looks into the historical period, mainly socialism in Czechoslovakia (for the comparison of sources of law closely connected to judge´s work). Its aim is to approximate the role of the judge in the law making in civil procedure in particular, and to answer the question whether today the judge is still the mouth of the law, as Mostesquieu defines it in his concept. The role of case law, the importance of justifying judicial decisions or the view of legal realists on a new model of judiciary role will be also outlined. The presented topic concludes with a reflection on the role of the judge in the deconstruction of justice in the postmodern period, asking whether the fair decisions of judges must always be guided by the rule.

Learning outcomes

At the end of the course, students should be able to:
- understand and explain what is the role of judge in decision making process, what aspects need to be considered;
- work with information on the binding nature of judicial decisions;
- understand what is the “scope of legislation“ for judges and legislators?;
- make reasoned decisions about what the thorough reasoning of court decisions should include;
- make deductions based on acquired knowledge about the allocation of the place of judicial law-making in the present and in the near future, also with a view to defining a new model of Hermes judge;

Syllabus

1. The role of judge in deciding the legal cases and in the law making. Perception of justice, equity. Emotional and legal level of decision-making.
2. „Le juge est La bouche qui prononce Les paroles de La loi“ - is it still valid? Montesquieu and his famous quote vs. Francois Ost and his modern theoretical division of three types of judicial role (represented by: Jupiter, Hercules, Hermes).
3. Judge as a law maker? (short legal-theoretical and legal-historical reflection). Can the case law in continental legal culture reach the precedent binding nature of the common law system?
4. The view of legal realists on a new model of judiciary role. Italian legal realism.
5. The role of judge in the deconstruction of justice in the postmodern period. Jacques Derrida.

Literature

Materials will be provided before and during the lectures.

Teaching methods

Lectures and discussions.

Assessment methods

One assessment in the form of a multiple choice test and oral discussion about a previously discussed chosen topic.

PrF:MVV315K Judicial Decision Making - Course Information

MVV315K Judicial Decision Making

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