Czy każdy sędzia powinien być szachistą?
- Issue date
Oficyna Wydawnicza AFM
Studia Prawnicze. Rozprawy i materiały 2013, nr 2, s. 123-143.
- sędzia; sąd; szachy; RPD (recognition-prime decision); intuicja
The principal objective of this article is to present the issue of intuition in the judge’s work. The paper limits its scope strictly to the private law cases. There are two different ways of perceiving the judge’s decisions: the first one sees the decision-making process as a procedure based purely on the provisions of the civil procedure, while the other considers it a process of more psychological nature. Confronting the two standpoints has led to an interesting conclusion: the influence of psychological aspects on the process of decision-making is clearly unavoidable. Therefore, it is useful to recognise the impact of psychology on a judge’s work, keeping in mind that many researchers have provided conclusions on decision-making process, notably, Gary Klein who established that intuition has no “magical” nature but is purely a result of the long accrued experience.
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