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Science and Judicial Reasoning - The Legitimacy of International Environmental Adjudication (Hardcover)
Loot Price: R2,800
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Science and Judicial Reasoning - The Legitimacy of International Environmental Adjudication (Hardcover)
Series: Cambridge Studies on Environment, Energy and Natural Resources Governance
Expected to ship within 12 - 17 working days
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Science, which inevitably underlies environmental disputes, poses
significant challenges for the scientifically untrained judges who
decide such cases. In addition to disrupting ordinary fact-finding
and causal inquiry, science can impact the framing of disputes and
the standard of review. Judges must therefore adopt various tools
to adjust the level of science allowed to enter their
deliberations, which may fundamentally impact the legitimacy of
their reasoning. While neglecting or replacing scientific authority
can erode the convincing nature of judicial reasoning, the same
authority, when treated properly, may lend persuasive force to
adjudicatory findings, and buttress the legitimacy of judgments. In
this work, Katalin Sulyok surveys the environmental case law of
seven major jurisdictions and analyzes framing techniques,
evidentiary procedures, causal inquiries and standards of review,
offering valuable insight into how judges justify their choices
between rival scientific claims in a convincing and legitimate
manner.
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