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Academic literature on the topic 'Rationalist model of adjudication'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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Journal articles on the topic "Rationalist model of adjudication"

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Bezemek, Christoph. "A Kelsenian model of constitutional adjudication." Zeitschrift für öffentliches Recht 67, no. 1 (February 10, 2012): 115–28. http://dx.doi.org/10.1007/s00708-012-0127-5.

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Prakken, Henry. "A formal model of adjudication dialogues." Artificial Intelligence and Law 16, no. 3 (September 2008): 305–28. http://dx.doi.org/10.1007/s10506-008-9066-4.

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Dyevre, Arthur. "Uncertainty and international adjudication." Leiden Journal of International Law 32, no. 01 (November 15, 2018): 131–48. http://dx.doi.org/10.1017/s0922156518000572.

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AbstractIn deciding whether to rule against a state party, international courts regularly confront a compliance dilemma: declare the state in breach of the international regime but with the risk that it will defy the court’s authority; or defer to the state but at the price of acquiescing to an unjust or undesirable outcome. Specifically, international adjudicators must solve this dilemma in a context of uncertainty, that is, without knowing with exactitude whether or not the state will prefer complying with an adverse ruling over overt defiance. I use a simple strategic model to cast light on this aspect of the compliance dilemma. Building off from the model’s insights, I then discuss the practices, doctrinal tactics and institutional mechanisms apt to reduce uncertainty and minimize state defiance. I highlight, in particular, the advantages of defiance avoidance mechanisms that help create informational feedback loops like test-the-water dicta and double-tier review. I illustrate how these mechanisms have been deployed by two of the world’s most powerful international courts, the European Court of Justice and the European Court of Human Rights. Finally, I consider the limitations of these mechanisms along with the possibility for other international dispute settlement bodies to replicate them.

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Cheng, Le. "Gauging court adjudication: Qualification and quantification." International Journal of Legal Discourse 4, no. 2 (February 25, 2020): 123–41. http://dx.doi.org/10.1515/ijld-2019-2019.

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AbstractIn common law jurisdictions, the notion of proof beyond a reasonable doubt is frequently related to notions such as the belief or certainty of a judge or a juror about reality. The notion of balance of probabilities is however related to likelihood or probability. In the present study, we link belief and proof by introducing the notion of epistemic modality, which is concerned with the speaker’s belief in propositional probability. The variation in the orientation of epistemic modality helps to integrate the two levels of proof and bridge the apparent test gap between them. The notion of relevance is further introduced in order to clarify the nature of legal proof by taking rape cases as example. This study also provides an integrated model to improve but diversify the expressions in terms of the burden of proof. For most courts, court judgments are processed only according to the general case data, procedural context; such kinds of fact-based information processing and information retrieval seldom help the court to make its decision unless with tremendous and repetitious work. For the consistency and efficiency of court adjudication, it is suggested in the present study that a Knowledge Management (KM) model mainly based on elements and factors which decide or affect the criminal liability. Such a KM model provides an overall framework, though non-exhaustive, and therefore makes court adjudication within narrow discretion and achieves the maximum justice.

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Günther, Philipp. "Groupthink Bias in International Adjudication." Journal of International Dispute Settlement 11, no. 1 (February 3, 2020): 91–126. http://dx.doi.org/10.1093/jnlids/idaa001.

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Abstract One of the most common assumptions about decision-making is that groups usually enhance the quality of the outcomes of deliberative processes. The research on groupthink behaviour challenges this belief by hypothesizing that certain group constellations excessively seek concurrence and thereby increase the probability of faulty decision-making. Since the decision-making process in international adjudication almost always involves group choices, it is crucial to consider the group environment of collegial court decision-making. This article utilizes the General Group Problem Solving model (GGPS) to ascertain how strong the different group conformity antecedents are pronounced in five international courts (the ICJ, the ITLOS, the WTO AB, the ECtHR and the ICC). The results of the GGPS analysis indicate that the WTO AB and the ICC are most likely susceptible to groupthink effects while the other courts are relatively resilient.

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Yung, Ping, and Kieran Rafferty. "Statutory adjudication in Western Australia: adjudicators’ views." Engineering, Construction and Architectural Management 22, no. 1 (January 19, 2015): 54–72. http://dx.doi.org/10.1108/ecam-03-2014-0033.

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Purpose – The purpose of this paper is to evaluate the effectiveness of the statutory adjudication legislation in Western Australia against its stated aims. Design/methodology/approach – The four objectives of the Western Australia Construction Contracts Act 2004 were identified. For each objective a number of criteria has been devised. In total, 22 registered adjudicators were interviewed, representing 28 per cent of all adjudicators in Western Australia. The interviewees were divided into two groups, one with legal background (being both lawyer and adjudicator), the other without (construction professionals). They were asked to evaluate the criteria against a five-point Likert scale in addition to open ended comments. Mann-Whitney U tests were used to examine whether there were significant differences between the two groups. Annual reports of Building Commissioner, database of the WA State Administrative Tribunal and some law cases were also referred to. Findings – It is found that the West Coast Model is fair to both parties, the adjudications are generally completed speedily according to the prescribed timeframe, and they have been conducted in various levels of formalities. Adjudications are very cost effective for larger claims. However, they are not so for smaller claims. The increasing uptake rate shows that adjudication is getting more popular, while the low appeal rate shows that decisions on dismissal are fair. Research limitations/implications – The adjudicators’ opinions are only part of the overall picture and that more research on this topic needs to be done. Originality/value – There have been two distinct legislative models in Australia, commonly known as East Coast Model and West Coast Model. A number of authors have called for a national dual model incorporating both current models. However, it might be too early to discuss the national dual model when there have been very few evaluations on the West Coast Model and among the few there have been problems in the research design. This paper seeks to bridge the gap by evaluating the West Coast Model against its stated aims.

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Godolphin, Peter J., Philip M. Bath, Ale Algra, Eivind Berge, Martin M. Brown, John Chalmers, Lelia Duley, et al. "Outcome Assessment by Central Adjudicators Versus Site Investigators in Stroke Trials." Stroke 50, no. 8 (August 2019): 2187–96. http://dx.doi.org/10.1161/strokeaha.119.025019.

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Background and Purpose— In randomized stroke trials, central adjudication of a trial’s primary outcome is regularly implemented. However, recent evidence questions the importance of central adjudication in randomized trials. The aim of this review was to compare outcomes assessed by central adjudicators with outcomes assessed by site investigators. Methods— We included randomized stroke trials where the primary outcome had undergone an assessment by site investigators and central adjudicators. We searched MEDLINE, EMBASE, CENTRAL (Cochrane Central Register of Controlled Trials), Web of Science, PsycINFO, and Google Scholar for eligible studies. We extracted information about the adjudication process as well as the treatment effect for the primary outcome, assessed both by central adjudicators and by site investigators. We calculated the ratio of these treatment effects so that a ratio of these treatment effects >1 indicated that central adjudication resulted in a more beneficial treatment effect than assessment by the site investigator. A random-effects meta-analysis model was fitted to estimate a pooled effect. Results— Fifteen trials, comprising 69 560 participants, were included. The primary outcomes included were stroke (8/15, 53%), a composite event including stroke (6/15, 40%) and functional outcome after stroke measured on the modified Rankin Scale (1/15, 7%). The majority of site investigators were blind to treatment allocation (9/15, 60%). On average, there was no difference in treatment effect estimates based on data from central adjudicators and site investigators (pooled ratio of these treatment effects=1.02; 95% CI, [0.95–1.09]). Conclusions— We found no evidence that central adjudication of the primary outcome in stroke trials had any impact on trial conclusions. This suggests that potential advantages of central adjudication may not outweigh cost and time disadvantages in stroke studies if the primary purpose of adjudication is to ensure validity of trial findings.

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Warnock, Ceri. "Reconceptualising specialist environment courts and tribunals." Legal Studies 37, no. 3 (September 2017): 391–417. http://dx.doi.org/10.1111/lest.12161.

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Specialist environment courts and tribunals (SECs) are, in the main, reflective of highly dynamic forms of adjudication, mixing judicial forms with powers more traditionally found in the executive. However, despite their novel legal nature the literature on SECs is predominantly promotional and it fails to address the challenges to legitimacy and governance engendered by these institutions. Nor does it evince a robust theory of environmental adjudication. These omissions not only impoverish the discourse but practice unsupported by theory is creating an unstable edifice. To illustrate this point the difficulties experienced in New Zealand are examined. The argument is made that only by confronting the challenges created by SECs can we begin to lay the foundations for a new theoretical model capable of explaining and accommodating environmental adjudication.

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van den Brink, Jacobine. "Matthias Ruffert (ed.), The Model Rules on EU Administrative Procedures: Adjudication." Review of European Administrative Law 10, no. 1 (June 12, 2017): 155–60. http://dx.doi.org/10.7590/187479817x14945955772028.

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Thomas, Margaret. "Theories of second language acquisition: three sides, three angles, three points." Second Language Research 21, no. 4 (October 2005): 393–414. http://dx.doi.org/10.1191/0267658305sr258ra.

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Three recent books take up different positions in the on-going debate about how, and out of what, to construct a theory of second language (L2) acquisition. Johnson (2004) advocates a ‘dialogically based approach’, inspired by Vygotsky’s sociocultural theory and Bakhtin’s ‘dialogized heteroglossia’, with which she would replace what she views as a prevailing ‘cognitive bias’ in the field. Block (2003) similarly supports a ‘more interdisciplinary and socially informed orientation’ to second language acquisition. But Block wants to reform rather than replace certain assumptions of what he represents as the best existing theory of second language acquisition, namely, Susan Gass’ Input-Interaction-Output model (IIO model). Jordan (2004), on the other hand, argues forcefully that theorizing about second language acquisition must be based on a rationalist epistemology. He provides a set of ‘Guidelines’ for theory construction, including six assumptions foundational to rationalist inquiry in general, and a five-point evaluation metric against which rival theories can be judged. He also passes on a list of six ‘practices to be avoided’. Jordan encourages the cultivation of many, varied, theories so long as they observe the rationalist Guidelines. He goes on to criticize a broad sample of L2 research, commenting on whether specific proposals do or do not adhere to the Guidelines. This article reviews all three scholars’ positions in this important debate, which has the potential to sharpen second language theorists’ sense of what they are doing and how they should do it.

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Dissertations / Theses on the topic "Rationalist model of adjudication"

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Fernando, Emmanuel R. "A model of adjudication." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334960.

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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.

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Curry, Todd. "THE ADJUDICATION OF PRESIDENTIAL POWER IN THE U.S. SUPREME COURT:A PREDICTIVE MODEL OF INDIVIDUAL JUSTICE VOTING." Master's thesis, University of Central Florida, 2006. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3614.

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The interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are fairly rare. King and Meernik (1995) identify 347 cases involving the foreign policy powers of the president, decided from 1790 to 1996, which is roughly 1.5 cases per calendar year. This study will examine the influence of attitudinal and extra-attitudinal factors on the individual level decision-making of the U.S. Supreme Court justices in cases involving presidential power. By using both attitudinal and extra-attitudinal factors, such as public opinion and armed conflict, this study will explore the limitations of a simple attitudinal model in complex and highly salient cases such as those that involve presidential power. The cases to be examined will be all presidential power cases decided from 1949 to 2005 (N = 38). The unit of analysis will, however, be the justice's individual-level vote (N = 337).
M.A.
Department of Political Science
Sciences
Political Science

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Bolander, Alisa Curtis. "Margaret Cavendish and Scientific Discourse in Seventeenth-Century England." Diss., CLICK HERE for online access, 2004. http://contentdm.lib.byu.edu/ETD/image/etd422.pdf.

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Vani, Juliette. "Détermination judiciaire des faits et erreurs judiciaires : perspective narrative sur le processus judiciaire criminel et la recherche de vérité." Thèse, 2016. http://hdl.handle.net/1866/19149.

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Ce mémoire propose une conception narrative du système de justice criminel. Pour ce faire, l’auteure mobilise la théorie narrative suivant laquelle le procès contradictoire est appréhendé comme un concours entre différentes histoires. Le caractère général de cette théorie confère à l’auteure l’espace nécessaire pour analyser et expliquer différents aspects du traitement judiciaire des faits, que ce soit la preuve judiciaire, le processus de détermination judiciaire des faits, l’intervention judiciaire en appel ou encore le droit qui encadre chacun de ces aspects. La notion d’« histoire » favorise l’adoption d’une perspective qui sort du cadre restreint du procès dans lequel la notion de « preuve » est enfermée. La théorie narrative permet ainsi à l’auteure d’expliquer et d’organiser en un tout unifié divers aspects du processus judiciaire comme l’enquête, le dépôt des accusations, la théorie de la cause, le contre-interrogatoire ou encore la façon dont les faits sont d’abord choisis et assemblés par les parties avant d’être administrés et traités au procès sous forme de « preuve ». Appliquée au procès, cette théorie implique une approche holistique de la preuve suivant laquelle la détermination judiciaire des faits est une évaluation de la vraisemblance relative des histoires en compétition. Cela remet en question la vision traditionnelle (ou rationaliste) atomiste de la preuve où les faits sont déterminés suite à une décision sur la véracité ou la fausseté de chacun des éléments de preuve. Le nouvel éclairage qu’apporte cette vision narrative du procès et ses diverses implications mènent l’auteure à remettre en question le bien-fondé de la vision traditionnelle voulant que le procès mène à une détermination judiciaire des faits qui soit exacte. Au terme de son illustration de la valeur heuristique de la théorie narrative, l’auteure revisite sous la perspective narrative les récentes études en matière d’erreurs judiciaires. Elle en conclut que le droit commande au juge d’atteindre une vérité hybride sur les faits, à michemin entre, d’une part, ce qui est survenu dans la réalité et, d’autre part, ce qui permet de conférer un maximum de cohérence aux éléments de preuves effectivement présentés au procès.
This master’s thesis proposes a narrative conceptualization of the criminal justice system. The author employs the narrative theory framework that conceives the adversarial trial as a contest between different stories. This comprehensive theory offers a lens through which the author analyzes and explains multiple aspects of the judicial processing of facts including evidence at trial, fact-finding, appellate review and the law governing these aspects. The concept of “story” allows a broader perspective than the concept of “evidence” which is limited to the trial. This umbrella theory is therefore used to explain, organize and provide a united understanding of various aspects of the judicial system, such as the investigatory process, the laying of charges, the theory of a case, the cross-examinations, as well as how facts are chosen and organized before being presented and processed at trial as “evidence”. At trial, the global perspective of the narrative theory challenges the traditional (or rationalist) atomist approach to evidence, which explains fact-finding as a decision based on the truthfulness or the falseness of each individual piece of evidence adduced at trial. The narrative perspective, rather, suggests a holistic approach – fact-finding is a decision regarding the relative plausibility between two competing stories. Thus, these insights from the narrative theory call into question the traditional assumption that trials lead to accurate findings of fact. After her demonstration of the heuristic value of the narrative theory, the author applies the narrative framework to recent studies on miscarriages of justice. She concludes that the law enables triers of fact to reach only a hybrid truth, halfway between what happened in reality and an assessment of the consistency between the evidence adduced at trial.

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Books on the topic "Rationalist model of adjudication"

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Cambi, Franco, and Giovanni Mari, eds. Giulio Preti. Florence: Firenze University Press, 2011. http://dx.doi.org/10.36253/978-88-6655-044-0.

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In the period following the Second World War Giulio Preti was one of the leading exponents of Italian philosophy. A master of open critical thought, cultivated in the light of a rationalism that dialogued with, and integrated into his own philosophical model, many of the currents and stances of the global research scenario. Phenomenology, Marxism, pragmatism, neopositivism, transcendentalism and structuralism: in Preti all of these found an organic and original synthesis. Further, his particular brand of rationalist-critical thought touched on many aspects of philosophical knowledge: theoretical philosophy, the philosophy of science, that of language and that of art, from ethics to politics and even taking in the history of philosophy, offering authoritative contributions in every sphere. One hundred years after his birth, the University of Florence and the heir to the Faculty in which he lectured at length, the Faculty of Education, has decided to honour his memory with this anthology of studies, penned by former pupils and others and also by younger scholars, to once again focus the wealth of this thought and its, in many respects, current relevance. Even now, this particular brand of open, critical rationalism can offer a benchmark for addressing the new issues for philosophical reflection thrown up by modern society and culture.

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Council, Construction Industry, ed. Model adjudication procedure. 3rd ed. London: Construction Industry Council, 2003.

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Jones, Karen. Towards a Trajectory-Dependent Model of (Human) Rational Agency. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797074.003.0013.

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This chapter addresses the question, “What is the role and authority of conscious deliberation and judgment in human rational agency?” Anti-rationalists claim that the rationalist account of its role and authority is mistaken: conscious deliberation and judgment plays a relatively small part in our practical lives, can be used in the service of rationalizing bullshit, and is not the only or necessarily the most reliable path of access to our reasons. Against the anti-rationalist, the chapter argues that their critique rests on an analogy between the authority of judgment and the authority of an expert, when the rationalist models judgment’s authority on that of a judge. Against the traditional rationalist, the chapter argues the judge model fails. The chapter explores a third model—the monitor model—which, like rationalism, gives our reflective capacities a significant regulatory role, but accommodates the anti-rationalist emphasis on emotion and fast non-deliberative action.

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Model forms of conditions of contract for process plant: Adjudication procedures. Rugby: Institution of Chemical Engineers, 1998.

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Sègnonna Horace, Adjolohoun. Part 2 Archetypal Examples of Different Models of African Constitutional Adjudication, 2 Centralized Model of Constitutional Adjudication: The Constitutional Court of Benin. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198810216.003.0003.

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Shlomo Agon, Sivan. International Adjudication on Trial. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198788966.001.0001.

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Is the World Trade Organization (WTO) Dispute Settlement System (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals—beyond compliance—is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system’s effectiveness be enhanced in the future? Building on a theoretical model borrowed from social science, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider’s account of the WTO DSS—one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS’s work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides a fresh perspective on the DSS’s operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.

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Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. I The Constitutional Court, 2 The Constitutional Court: Rules and Model. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0002.

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This chapter succinctly introduces the reader to the composition, jurisdictional scope, and methods of judicial review in Italy. Using both direct and incidental methods of judicial review, the Italian system combines certain elements of centralized systems (like the Austrian paradigm of Hans Kelsen) with elements of diffuse systems of review like that of the United States. The chapter highlights the highly collegial structure and process of the Court. Overall, the cooperative and multilevel character of Italian constitutional adjudication emerges as its most distinctive contribution to our understanding of the range of the varieties of constitutional models and experiences in the world.

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Schroeter, Laura, and François Schroeter. Reasons and Justifiability. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797074.003.0007.

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This chapter sketches a metasemantic model that promises to vindicate a broadly rationalist version of normative realism. It introduces a metasemantic principle that ties reference determination to what is justifiable from the perspective of the conceptually competent subject. The chapter explains how this metasemantic principle can help vindicate something close to the traditional rationalist claim that normative truths can be known a priori. It then shows how an anti-individualist version of this metasemantic principle can handle the problem of radical disagreement among competent speakers. The last part of the paper explains how our metasemantic model can help vindicate the traditional rationalist thesis that moral requirements entail valid reasons for action.

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Gontier, Thierry. Montaigne on Animals. Edited by Philippe Desan. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780190215330.013.38.

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The “animal question” stands at the center of contemporary debates over modern subjectivity and its deconstruction. Taking as a point of departure the references made by Jacques Derrida to Montaigne’s defense of animals in the “Apology for Raymond Sebond”, this article seeks to demonstrate the fundamental differences separating the projects of these two thinkers. For Derrida, the animal presents itself to the human subject as a figure of radical alterity, precluding any attempts at establishing a homogeneous continuity. While challenging the dogmatic rationalist presumption to know the “internal impulses” of the animals, Montaigne for his part emphasizes the homogeneity of animal and human behaviors and the natural kinship uniting mankind with the animals. The animal represents for man a model of self-appropriation, appropriation to one’s “ordinary” condition and to one’s body. Thus, we find thus more continuities than a radical conflict between Montaigne and the “modern” rationalist tradition.

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Chowdhury, Arjun. The Self-Undermining State. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190686710.003.0002.

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This chapter provides an informal rationalist model of state formation as an exchange between a central authority and a population. In the model, the central authority protects the population against external threats and the population disarms and pays taxes. The model specifies the conditions under which the exchange is self-enforcing, meaning that the parties prefer the exchange to alternative courses of action. These conditions—costly but winnable interstate war—are historically rare, and the cost of such wars can rise beyond the population’s willingness to sacrifice. At this point, the population prefers to avoid war rather than fight it and may prefer an alternative institution to the state if that institution can prevent war and reduce the level of extraction. Thus the modern centralized state is self-undermining rather than self-enforcing. A final section addresses alternative explanations for state formation.

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Book chapters on the topic "Rationalist model of adjudication"

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Polzenhagen, Frank, and René Dirven. "Rationalist or romantic model in globalisation?" In Cognitive Linguistics Research, 237–300. Berlin, New York: Mouton de Gruyter, 2008. http://dx.doi.org/10.1515/9783110199154.3.237.

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Burr, Andrew, Anne Eckenroth, Ruta Kersyte, and Kesarin Jaitham. "Australia: The West Coast model." In International Contractual and Statutory Adjudication, 118–35. New York, NY : Informa Law from Routledge, 2017. | Series: Construction practice series: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315294537-6.

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Burr, Andrew, Anne Eckenroth, Ruta Kersyte, and Kesarin Jaitham. "Australia: The East Coast model (Queensland)." In International Contractual and Statutory Adjudication, 100–117. New York, NY : Informa Law from Routledge, 2017. | Series: Construction practice series: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315294537-5.

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Burr, Andrew, Anne Eckenroth, Ruta Kersyte, and Kesarin Jaitham. "Australia: The East Coast model (with New South Wales as the principal legislation)." In International Contractual and Statutory Adjudication, 34–71. New York, NY : Informa Law from Routledge, 2017. | Series: Construction practice series: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315294537-3.

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Burr, Andrew, Anne Eckenroth, Ruta Kersyte, and Kesarin Jaitham. "Australia: The East Coast model (Victoria, Tasmania, the Australian Capital Territory and South Australia)." In International Contractual and Statutory Adjudication, 72–99. New York, NY : Informa Law from Routledge, 2017. | Series: Construction practice series: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315294537-4.

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Chang, Wen-Chen. "4. The Evolution of Administrative Adjudication in Taiwan: A Model of Judicial Cooperation." In The Functional Transformation of Courts, 65–92. Göttingen: V&R Unipress, 2015. http://dx.doi.org/10.14220/9783737004909.65.

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Perlman, Karni. "Settlement Adjudication and Judicial Responsiveness: The Choice Between a Wide and a Narrow Model." In The Responsive Judge, 61–86. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-13-1023-2_3.

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Dodet, Maurizio. "The Case Formulation in the Post-Rationalist Constructivist Model: Commentary on Chapter “Strengths and Limitations of Case Formulation in Constructivist Cognitive Behavioral Therapies”." In CBT Case Formulation as Therapeutic Process, 191–99. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63587-9_19.

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Dailey, Anne C. "Why Psychoanalysis Matters to Law." In Law and the Unconscious. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300188837.003.0002.

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This chapter describes the contribution contemporary psychoanalysis has to make in three specific areas: legal theory, legal doctrine, and adjudication in the courtroom. Psychoanalysis improves the law’s theoretical foundations by modifying its foundational presumption of rationality. Psychoanalysis also helps to reform legal doctrine by identifying those particular subject matter areas, primarily family law and criminal law, where the law’s presumption of rationality leads to unjust legal rules. With domestic violence as its example, this chapter shows how psychoanalysis offers a body of practical knowledge that humanizes the law by bringing legal rules into line with actual, everyday lived experience. And finally, psychoanalysis reveals the deep tension between the law’s focus on individual moral responsibility for behavior and the law’s objective methods of proof in the courtroom. Psychoanalytic insights into the art of proving what really happened in a case can move law in the direction of a more empathic and forgiving model of judging. Overall, the psychoanalytic study of the law unveils the damaging consequences of the law’s rationalist assumptions about who we are as human beings, and offers an alternative, humanistic perspective in line with law’s foundational ideals of individual freedom and systemic justice.

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Goldstein, Robert. "A model of constitutional adjudication." In Principles and Practice of Forensic Psychiatry, 2Ed, 774–79. CRC Press, 2003. http://dx.doi.org/10.1201/b13499-92.

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Conference papers on the topic "Rationalist model of adjudication"

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Sarnecky, William G. "A Slippery Slope of Authorship and Attribution: The Atelier Model and the Design/Build Conundrum." In 2016 ACSA International Conference. ACSA Press, 2016. http://dx.doi.org/10.35483/acsa.intl.2016.10.

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Focusing on the atelier model and design/build pedagogy, this paper explores the question of authorship and attribution in academia. While the legalities of copyright and authorship in architectural practice have been addressed legislatively and through adjudication, there is no analog to this clarification for academics. Defining authorship of creative work in academia often remains a murky question, particularly when students and instructors work together. This uncertainty poses a particular problem for academicsin pursuit of tenure where academic andcreative authorship remain the primary form of currency. Case studies of three design/build projects at different scales will shed light on the complicated relationship between teacher, student and the creative work emerging from the atelier model.

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