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TURČAN, M.: On Precept of
Convincingness of Decision.
Právny obzor, 100, 2017, č. 5,
s. 503 – 512.
Abstract. On Precept of
Convincingness of Decision. 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. 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. 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. Author labels these two understandings as “hard” and “soft”. First is
based on assumption of possibility to reach noncoincidentally 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).
Key words:
convincingness, rightness, decision, legal rationale
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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