Many "short" reasons are longer than many "ordinary" reasons, which empirically confirms that the difference between the two legal models of the grounds of a court decision is far less clear than is generally believed. The hypothesis proposed here is that the working method of the judge should not be a battleground for legislative conquests. The justification of a decision is a matter of wisdom, prudence and balance, not a matter of number of pages to fill, points to decide or previous decisions to recall. But wisdom cannot be transferred or acquired by legal means.
Perplessità sulla motivazione succinta
MAURO, ENRICO
2010-01-01
Abstract
Many "short" reasons are longer than many "ordinary" reasons, which empirically confirms that the difference between the two legal models of the grounds of a court decision is far less clear than is generally believed. The hypothesis proposed here is that the working method of the judge should not be a battleground for legislative conquests. The justification of a decision is a matter of wisdom, prudence and balance, not a matter of number of pages to fill, points to decide or previous decisions to recall. But wisdom cannot be transferred or acquired by legal means.File in questo prodotto:
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