概括
法官使用五种策略,在他们的决定中平衡同情与公正. 这项研究探讨了法官如何定义和应用同情心,超越了格鲁-撒克逊法律体系.
科学领域:
- 法律心理学 法律心理学
- 司法决策 - 司法决策
- 社会法学研究 社会法学研究
背景情况:
- 关于法官在司法决策中对同情感的看法,研究有限.
- 现有的研究主要集中在格鲁-撒克逊司法管辖区,缺乏全球多样性.
- 一个"反同情"的论述忽略了关键的司法观点对同情的作用.
研究的目的:
- 调查波兰法官对同情心及其与公正性的关系的看法.
- 为了解决如何感知和整合同情心到司法工作中的差距.
- 扩大司法决策中的同理心研究范围,超越普通法制度.
主要方法:
- 与波兰法官进行深入采访.
- 对同理心的司法观点的定性分析.
- 探索调和同理心和公正性的策略.
主要成果:
- 法官采用五种不同的策略来协调同理心与公正.
- 这些策略包括声称同理心对称,将同理心定义为非情感,减轻其影响,强调控制,并消除正式公正的绝对性.
- 确定的"路径"揭示了将同情心纳入司法实践的细微方法.
结论:
- 法官们积极地在同理心和公正性之间的复杂相互作用中进行导航.
- 了解这些司法策略,可以让我们了解公平,深思熟虑的决策.
- 这项研究强调了全球对司法同情心的多样化和经验研究的需要.
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