Precedents and Case-Based Reasoning in the European Court of Justice
Precedents and Case-Based Reasoning in the European Court of Justice

Author: Marc Jacob

Publisher: Cambridge University Press

Published: 2014-03-20

Total Pages: 357

ISBN-13: 1139916912

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Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Author: Rasmus Dalgaard Laustsen

Publisher: Springer Nature

Published: 2019-11-06

Total Pages: 441

ISBN-13: 3030263509

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This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

Constitutional Law and Precedent
Constitutional Law and Precedent

Author: Monika Florczak-Wątor

Publisher: Routledge

Published: 2022-03-30

Total Pages: 278

ISBN-13: 1000589994

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This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Researching the European Court of Justice
Researching the European Court of Justice

Author: Mikael Rask Madsen

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 389

ISBN-13: 1316511294

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The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

Precedents and Judicial Politics in EU Immigration Law
Precedents and Judicial Politics in EU Immigration Law

Author: Marie De Somer

Publisher: Springer

Published: 2018-07-27

Total Pages: 365

ISBN-13: 3319939823

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This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

Comparative Constitutional Reasoning
Comparative Constitutional Reasoning

Author: András Jakab

Publisher: Cambridge University Press

Published: 2017-04-27

Total Pages: 867

ISBN-13: 1108138616

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To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Judicial Applications of Artificial Intelligence
Judicial Applications of Artificial Intelligence

Author: Giovanni Sartor

Publisher: Springer Science & Business Media

Published: 2013-04-17

Total Pages: 230

ISBN-13: 9401590109

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The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.

Legal Knowledge and Information Systems
Legal Knowledge and Information Systems

Author: M. Araszkiewicz

Publisher: IOS Press

Published: 2019-12-19

Total Pages: 274

ISBN-13: 1643680498

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In recent years, the application of machine learning tools to legally relevant tasks has become much more prevalent, and the growing influence of AI in the legal sphere has prompted the profession to take more of an interest in the explainability, trustworthiness, and responsibility of intelligent systems. This book presents the proceedings of the 32nd International Conference on Legal Knowledge and Information Systems (JURIX 2019), held in Madrid, Spain, from 11 to 13 December 2019. Traditionally focused on legal knowledge representation and engineering, computational models of legal reasoning, and analyses of legal data, more recently the conference has also encompassed the use of machine learning tools. A total of 81 submissions were received for the conference, of which 14 were selected as full papers and 17 as short papers. A further 3 submissions were accepted as demo presentations, resulting in a total acceptance rate of 41.98%, with a competitive 25.5% acceptance rate for full papers. The 34 papers presented here cover a broad range of topics, from computational models of legal argumentation, case-based reasoning, legal ontologies, and evidential reasoning, through classification of different types of text in legal documents and comparing similarities, to the relevance of judicial decisions to issues of governmental transparency. The book will be of interest to all those whose work involves the use of knowledge and information systems in the legal sphere.