KEĎ SA NAMIETA SUDCA

• Authors: Šeliga Juraj

Title variants

EN

When the judge objects

• Languages of publication: SK

Abstracts

EN

That article deals with the issue of bias and impartiality of the judge especially through the prism of the argument ad hominem, in context of so called anti-discrimination action, or the famous case named „Čentéš“. Thesis of the article claims that successful use of the ad hominem depends on size of the “touched” group by argument. With regard to the objection of bias of the judge author explains that the objecting to one judge as biased has greater chances to succeed than if we object all the judges. Arguments which article provides for the defence of the postulated thesis can be divided into two related categories. The first category says that, the subjective or objective test of bias, respectively impartiality of the judge in certain situations can be understood as a methodological tool for the system, rather than as a qualifying element of the whole system. The second category of argument is founded on the requirement of vertical institutional cohesion among concepts of democracy, justice and judges. The article also covers the argument ad hominem as such. Especially it deals with situations when this argument may be considered as a logical error or when it is correct argument within the argumentation scheme.

Keywords

EN

AD HOMINEM; IMPARTIALITY; BIAS; JUDGE

• 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: 2016
• Volume: 99
• Issue: 4
• Pages: 310 – 330

Contributors

author

Šeliga Juraj

• Právnická fakulta, Trnavská univerzita, Trnava, Slovak Republic