K ZÁSADE PRESVEDČIVOSTI ROZHODNUTIA

• Authors: Turčan Martin

Title variants

EN

On precept of convincingness of decision

• Languages of publication: SK

Abstracts

EN

This paper deals with concept of convincingness in the area of application of law, namely with so-called precept of convincingness of decision which applies in judicial and administrative proceedings. The author tries to circumscribe theoretical criteria of convincingness of a legal decision. Among these criteria belong truthfulness resp. rightness of factual and legal premises of decision, logicality of decision and complexity of arguments used in the decision. Each of these general criteria needs to take into account specifics of legal environment and legal methodology. The author also formulates two possible understandings of the precept of convincingness of decision in relation to concept of rightness of decision and he does so in context of importance of idea bases of judges and officials in rendering and substantiating of their decisions. The author labels these two understandings as “hard” and “soft”. First is based on assumption of possibility to reach non coincidentally objectively right decision, the second denies such assumption (at least for some cases) and is based on relative rightness of decision (i.e. coherence of its rational author).

Keywords

EN

CONVINCINGNESS; RIGHTNESS; DECISION; LEGAL RATIONALE

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2017
• Volume: 100
• Issue: 5
• Pages: 503 – 512

Contributors

author

Turčan Martin

• Ústav štátu a práva SAV, Bratislava, Slovak Republic