Academic literature on the topic 'Rationalist model of adjudication'

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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 (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 (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 (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
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Cheng, Le. "Gauging court adjudication: Qualification and quantification." International Journal of Legal Discourse 4, no. 2 (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
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Günther, Philipp. "Groupthink Bias in International Adjudication." Journal of International Dispute Settlement 11, no. 1 (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 mo
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Yung, Ping, and Kieran Rafferty. "Statutory adjudication in Western Australia: adjudicators’ views." Engineering, Construction and Architectural Management 22, no. 1 (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 (constructi
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Godolphin, Peter J., Philip M. Bath, Ale Algra, et al. "Outcome Assessment by Central Adjudicators Versus Site Investigators in Stroke Trials." Stroke 50, no. 8 (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
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Warnock, Ceri. "Reconceptualising specialist environment courts and tribunals." Legal Studies 37, no. 3 (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 poi
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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 (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 (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 repres
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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 preside
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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 » favor
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Books on the topic "Rationalist model of adjudication"

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Cambi, Franco, and Giovanni Mari, eds. Giulio Preti. 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: theoretic
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Council, Construction Industry, ed. Model adjudication procedure. 3rd ed. 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 a
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Model forms of conditions of contract for process plant: Adjudication procedures. 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 acco
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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 un
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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.
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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 “intern
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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 pop
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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. 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. 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. 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. 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. 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. 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. 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. 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. 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 fo
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