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Formal and Linguistic Aspects of Judicial Decisions
Hau, Vojtěch ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Formal and Linguistic Aspects of Judicial Decisions Abstract The central theme of the thesis is a written form of justification of judicial decisions, which is a crucial element in preventing arbitrariness in judicial decision-making. The aim of the thesis is to examine current form of civil judicial decisions of district courts. In order to do so, the thesis starts by doctrinally defining types of macrostructure and internal logic of judicial decisions, bound and free decision-making, and especially historical and ideological background of the Anglo-American, French and German judicial styles, which also includes the Czech judicial style. The second part describes sources of legal regulation for the reasoning of a civil judgment at the constitutional, statutory, and sub-statutory levels. From sources of law with contribution of case law and expert literature emerges analytical-descriptive section presenting structure of the present reasoning in Czech civil judgments of courts of first instance. In the next part, the thesis proceeds towards achieving its goal - it subjects 150 judgments to empirical research inspired by content analysis, thereby revealing actual compliance with the requirements placed on judges in providing written justifications for judgments. Furthermore, this research enables the thesis...
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