Showing posts from March, 2023

Science and Judicial Reasoning - The legitimacy of international environmental adjudication

Science and Judicial Reasoning - The legitimacy of international environmental adjudication (Sulyok Katalin / 2022).  Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases.  In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and

The Truth as the Defeated in a Τrial

By Giorgos Kazoleas, Lawyer Truth and trial are two concepts that seem to follow opposite paths, despite the fact that the former should be the purpose of the latter and despite the fact that the invocation of the truth during the trial is continuous and repeated.  In both civil and criminal trials the competition between the participants in the process is usually focused on distorting and misrepresenting the truth in order to make it convenient and ultimately accepted by the final arbiter, who is the judge. Witnesses are mostly prepared, if not «fabricated», to testify to what each party wishes to be proven. The truth in their testimony often seems to be lost or degraded in details which, however, are decisive for the needs of the trial. A deviation in the minute of time can affect the verdict, an omission of a seemingly insignificant fact can overturn a judicial conviction. Lawyers are masters at constructing the truth that is favorable each time, the version that will facilitate