Psychologické aspekty ovlivňující rozhodování soudců se zaměřením na civilní proces

Olšovská, Sarah

Psychological Aspects Affecting Judges' Decision Making with a Focus on Civil Procedure The diploma thesis examines the impact of cognitive biases as psychological aspects influencing judicial decision-making and their implications for justice in the legal system. The thesis delves into the intersection of psychology and law, with the central idea being the hypothesis that a judge cannot be just or impartial if his or her decision-making is contaminated by cognitive biases. The focus is on the dissection of the legal conditions that a candidate for judicial office must meet in order to be appointed to that office since the selection of a suitable judge is critical to the fulfilment of the right to a fair trial. The thesis highlights the demandingness of holding the judgeship itself. Then examines the legal and procedural principles that guide judicial decision- making, explaining and emphasizing the importance of understanding the role of the judge in the judicial process. The diploma thesis then dives into the field of cognitive psychology and presents a Kahneman- Frederick model (dual system) dividing the human mind into System 1 and System 2, through which the cognitive biases influencing judicial decision-making can be explained. They are often rooted in intuition, which leads to the...

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