Chapter

The Criteria

Stephen H. Legomsky

in Specialized Justice

Published in print August 1990 | ISBN: 9780198254294
Published online March 2012 | e-ISBN: 9780191681455 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254294.003.0003
The Criteria

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The chapter demonstrates the combined influences of both positive and negative aspects of specialized adjudication, and determination of what outweighs which. These concerns are subject to individual perceptions and type of cases for which specialization is applied. Identification of an appropriate case is based on twelve major criteria: amalgamation of truth, code of conduct, and discretion; technical intricacy; amount of isolation; cohesiveness; repetition level; controversial factor; ethnicity; unusual role of consistency; changeability; logistics as per volume, duration, and geography; demand for prompts; and special methodological necessities. Despite the elaboration of these elements, none of these twelve are viewed to serve as a prerequisite to specialization, but all of which have considerable significance. Instead, these are merely indicators that might result in inconsistencies and conflicts; thus, requiring balance in usage. Application of every element is according to the context, premises and evidences of the evaluated case.

Keywords: specialized adjudication; specialization; individual differences; case differentiation; criteria; context

Chapter.  4701 words. 

Subjects: Jurisprudence and Philosophy of Law

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