The Effects of International Judges’ Personal Characteristics on their Judging
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The Effects of International Judges’ Personal Characteristics on their Judging. / Maucec, Gregor; Dothan, Shai.
I: Leiden Journal of International Law, Bind 35, Nr. 4, 2022, s. 887–895.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning
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TY - JOUR
T1 - The Effects of International Judges’ Personal Characteristics on their Judging
AU - Maucec, Gregor
AU - Dothan, Shai
PY - 2022
Y1 - 2022
N2 - This Symposium Issue looks at how personal traits of international judges matter in their judging. The articles selected shed light on the ways that international judges’ personality, that is, their character differences and personal backgrounds, shape, control, or modify their conduct and their rulings. The articles in the Symposium reveal that individual international judges have different personal attributes and identities that affect: (i) different aspects of judicial reasoning, problem-solving and case management; (ii) the ways judges interact, deliberate and affect each other in collectively deciding cases; and (iii) the outcomes of international trials. This Symposium, therefore, looks beyond the traditional ‘legal formalistic’ understanding (prevalent also among international judges themselves) that judges – as impartial, rational, and mechanical decision-makers – simply apply existing, recognized rules or principles of law to the facts and questions before a court in the context of concrete cases without regard to any personal leaningsand biases. It examines how and to what extent judges at international courts make their choices conditioned on their personal identity characteristics, and when such characteristics exhibit greater or lesser effects on their decision-making.
AB - This Symposium Issue looks at how personal traits of international judges matter in their judging. The articles selected shed light on the ways that international judges’ personality, that is, their character differences and personal backgrounds, shape, control, or modify their conduct and their rulings. The articles in the Symposium reveal that individual international judges have different personal attributes and identities that affect: (i) different aspects of judicial reasoning, problem-solving and case management; (ii) the ways judges interact, deliberate and affect each other in collectively deciding cases; and (iii) the outcomes of international trials. This Symposium, therefore, looks beyond the traditional ‘legal formalistic’ understanding (prevalent also among international judges themselves) that judges – as impartial, rational, and mechanical decision-makers – simply apply existing, recognized rules or principles of law to the facts and questions before a court in the context of concrete cases without regard to any personal leaningsand biases. It examines how and to what extent judges at international courts make their choices conditioned on their personal identity characteristics, and when such characteristics exhibit greater or lesser effects on their decision-making.
U2 - 10.1017/S0922156522000577
DO - 10.1017/S0922156522000577
M3 - Journal article
VL - 35
SP - 887
EP - 895
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
SN - 0922-1565
IS - 4
ER -
ID: 317121407