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Journal of European Tort Law

Editor-in-Chief: Oliphant, Ken

Ed. by Karner, Ernst / Koch, Bernhard A. / Wendehorst, Christiane

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How Judges Think: Judicial Reasoning in Tort Cases from a Comparative Perspective*

Irmgard Griss
Published Online: 2013-11-01 | DOI: https://doi.org/10.1515/jetl-2013-0017


Are judges la bouche de la loi or are they the oracles of the law? An answer to this question is sought by comparing the different styles of reasoning of French, German, Austrian and UK courts of last resort in tort cases. Whereas UK judges state overtly what they think, French judges keep secret their motives. German and Austrian judges tend to maintain that legal doctrine provides an answer to even the most difficult questions. But, as regards the outcome, there are no real differences. Judges are nowhere merely the mouth of the law.

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Irmgard Griss

Published Online: 2013-11-01

Published in Print: 2013-11-01

Citation Information: Journal of European Tort Law, Volume 4, Issue 3, Pages 247–258, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: https://doi.org/10.1515/jetl-2013-0017.

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