Publikace na Právnická fakulta |
2016
Abstrakt
The thesis drafts hypothesis about "bad" free law finding and excessive criticism of formalism in judicial decision-making. The used terms (free law finding, formalism) are explained and it is demonstrated on examples that the promoted hypothesis cannot be unambiguously verified.
The aim of the thesis is also to point out that the extreme approaches to law are always full of imperfections and therefore, it is necessary to find an optimal approach to law (and also to judicial discretion) somewhere in-between.