Cargando…

Judicial breakfast as an external factor in judicial decision making in courts

The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and political environment. The discourse between th...

Descripción completa

Detalles Bibliográficos
Autores principales: Tampubolon, Manotar, Situmeang, Tomson, Saragih, Paltiada
Formato: Online Artículo Texto
Lenguaje:English
Publicado: F1000 Research Limited 2023
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9999048/
https://www.ncbi.nlm.nih.gov/pubmed/36911239
http://dx.doi.org/10.12688/f1000research.126482.1
_version_ 1784903587345727488
author Tampubolon, Manotar
Situmeang, Tomson
Saragih, Paltiada
author_facet Tampubolon, Manotar
Situmeang, Tomson
Saragih, Paltiada
author_sort Tampubolon, Manotar
collection PubMed
description The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and political environment. The discourse between the two sides is incomplete without exploring the grand theories: formalism and realism. The antimony between the two theories resulted in theoretical analysis and empirical research. The realism challenged the existing logical reasoning and legal rules that judges use in making their judgment as they contend that judges applying rules and law in their decision-making process are irrational and mechanical. Formalism insists on using the judicial rules and the law in making decisions as opposed to extraneous factors, which realists contend should be the basis for decision making with laws and rules only to support the findings. The continental legal theory holds that legal realism is a hard-nosed, down-to-earth, and practical school of thought that is opposed to mechanical and scientific theories. The scholarly analysis of the judicial decision-making process brings into focus the conduct of judicial officers and whether they base their reasoning on extrajudicial issues. However, the discussion should avoid denigrating into an attack on the personality of judges as it undermines the rule of law.
format Online
Article
Text
id pubmed-9999048
institution National Center for Biotechnology Information
language English
publishDate 2023
publisher F1000 Research Limited
record_format MEDLINE/PubMed
spelling pubmed-99990482023-03-11 Judicial breakfast as an external factor in judicial decision making in courts Tampubolon, Manotar Situmeang, Tomson Saragih, Paltiada F1000Res Opinion Article The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and political environment. The discourse between the two sides is incomplete without exploring the grand theories: formalism and realism. The antimony between the two theories resulted in theoretical analysis and empirical research. The realism challenged the existing logical reasoning and legal rules that judges use in making their judgment as they contend that judges applying rules and law in their decision-making process are irrational and mechanical. Formalism insists on using the judicial rules and the law in making decisions as opposed to extraneous factors, which realists contend should be the basis for decision making with laws and rules only to support the findings. The continental legal theory holds that legal realism is a hard-nosed, down-to-earth, and practical school of thought that is opposed to mechanical and scientific theories. The scholarly analysis of the judicial decision-making process brings into focus the conduct of judicial officers and whether they base their reasoning on extrajudicial issues. However, the discussion should avoid denigrating into an attack on the personality of judges as it undermines the rule of law. F1000 Research Limited 2023-01-04 /pmc/articles/PMC9999048/ /pubmed/36911239 http://dx.doi.org/10.12688/f1000research.126482.1 Text en Copyright: © 2023 Tampubolon M et al. https://creativecommons.org/licenses/by/4.0/This is an open access article distributed under the terms of the Creative Commons Attribution Licence, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Opinion Article
Tampubolon, Manotar
Situmeang, Tomson
Saragih, Paltiada
Judicial breakfast as an external factor in judicial decision making in courts
title Judicial breakfast as an external factor in judicial decision making in courts
title_full Judicial breakfast as an external factor in judicial decision making in courts
title_fullStr Judicial breakfast as an external factor in judicial decision making in courts
title_full_unstemmed Judicial breakfast as an external factor in judicial decision making in courts
title_short Judicial breakfast as an external factor in judicial decision making in courts
title_sort judicial breakfast as an external factor in judicial decision making in courts
topic Opinion Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9999048/
https://www.ncbi.nlm.nih.gov/pubmed/36911239
http://dx.doi.org/10.12688/f1000research.126482.1
work_keys_str_mv AT tampubolonmanotar judicialbreakfastasanexternalfactorinjudicialdecisionmakingincourts
AT situmeangtomson judicialbreakfastasanexternalfactorinjudicialdecisionmakingincourts
AT saragihpaltiada judicialbreakfastasanexternalfactorinjudicialdecisionmakingincourts