Abstract
The author in this topic deals with phenomenon of Vorwissen, Vorverständnis and hunch theory. In the beginning he shows on a difficulty and terminological ambiguity of the whole topic.
He claims, that in the Czech legal theory there are these terms often changed. In next part he shows connections with hermeneutics, which makes possible the lining up these terms in some different categories.
Then he tries to clarify them. Then he deals with options of expressing of these terms.
He claims, that the main ways of expressing of these effects is the person of the judge and he shows an example of two cases, where the person of the judge and his experience could play an important role on the final decision. Next option of expressing of these effects are subsuming and the process of law-making.
He deals with both law and factual way there. Next part is about the investigation of these effects.
Investigated should be e. g. the profiles of judges, where he shows a list of some natures, which could be taken in these profiles. The second option is investigation of decisions hard-cases-type.
There are two cases analysed. In the last part he deals with a possible social impact, where is analysed the problem of the acceptance of decisions, where will be important the forcibility.
As a proposal for a discuss he propounds the problem of the judge's representation. In conclusion the author focuses on some options of prevention of negative influence of these effects.
He assumes, that a certain way out should be in emphasis on jurist's education and also in self-notification.