this sentence is what a prominent english judge has said about the power of judges in dealing with cases in english law. an example of this power can be found in contractual terms for damages called penalties and liquidated damages. as it is expected, contracts are basically made to be performed and not to be avoided according to the whims of market fluctuation. however, the adherence to freedo...

Trial court judges play a crucial role in the administration of justice for both criminal and civil matters. Although psychologists have studied juries for many decades they have given relatively little attention to judges. Recent writings, however, suggest increasing interest in the psychology of judicial decision making. This essay reviews several selected topics where judicial discretion app...

one of the vague issues in relation to cases involving drug abuse is the necessity of determining the purity of drugs. gaps in related laws have created confusion for judges. some believe purity levels of drugs used by criminals must be considered in the processing of their cases as well as in their punishment. since the harsh processing sometimes involves death and life, the controversy is esp...

judges should not be regarded as mere speakers of and tools in the hands of the legislature. they are as actors animating the laws enacted. the judges’ acting can be justified on three grounds: limitations of law-making, including lack of expertise in and inattention of, the being expedient of, and purposeful acts of legislature, being societies in transition, and impossibility of anticipating ...

with the emergence of new legal regimes such as intellectual property rights, new complexities in the process of determination of applicable law are involved in private international law. the dilution of physical center of gravity for disputes related to intellectual property rights and the effects of utilitarianism in law with an emphasis on public interest has led to the adoption of new metho...

as a result of rule of law ideal, judges are required to act in accordance with laws. the ideal is justified by some political values: political liberty, legal liberty , personal liberty and equality. citizens are subject only to the law not to the arbitrary will or judgment of another who wields coercive government power. but in some cases law is indeterminate. in these cases there is an impor...

Embryo donation was one of the infertility treatment methods introduced to the Iranian legal system in 2003 (Act of Embryo Donation) and its by-law passed in 2005 after numerous discussions. Embryo donation is a new legal issue in Iran. No similar act has been previously legislated in the legal system; however, on the other hand, the importance of the judicial procedure in its execution cannot ...

Abstract In a pre-registered 2 × factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, it does so more under rule than standard, and how its influence compares to that of legally irrelevant sympathies. Participating judges received realistic materials relatively long period time (50 min) decide an auto accident case. We fin...