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Wolfgang Ernst
Rechtserkenntnis durch Richtermehrheiten
»group choice« in europäischen Justiztraditionen
[Judicial Majoritarianism. »group choice« in European Legal Traditions.]
2016. XX, 362 pages. Published in German.
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- 978-3-16-154548-1
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Summary
When judges in collegiate courts disagree, establishing the majority result poses particular methodological problems. What is the result when judges disagree on the quantitative or qualitative aspects of their decision and how can they fuse their individual legal reasoning into a joint opinion if that is what they are expected to deliver? Throughout the European development of collegiate judiciaries, these problems have challenged jurists and philosophers alike.