VSE knjižnice (vzajemna bibliografsko-kataložna baza podatkov COBIB.SI)
  • A Bayesian improvement of the proportionality principle
    Pečarič, Mirko
    The principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight ... formula has been the most advanced approach in structured balancing of proportionality stricto sensu, while this paper shows it as still too subjective. Despite judicial tests—or different, manifestly inappropriate reasonableness tests—proportionality stricto sensu hides some form of the jumping-to-conclusions bias, because the inference is made through a subjective lens. The paper presents structured legal balancing (and hence reasoning) based on Bayes’ theorem. This paper, based on the connection between probability and hypothetical legal norms, transfers the four-part structure of proportionality into the relevant four-part structure of the Bayes tree. This transfer shows the first as flawed due to its failing to consider means that can have the same effects as the considered ones. Only by inclusion of the latter can the total probability of a considered case be established. Numerical proportionality à la Bayes can be further improved through the use of public-value weights that are obtained from surveys or online communities of people giving weights in the real time (collective wisdom). The Bayesian approach can also be used in adjudication as a control in assessing judicial standards in use.
    Vir: Ratio juris : an international journal of jurisprudence and philosophy law. - ISSN 0952-1917 (Vol. 35, no. 4, Dec 2022, str. 419-436)
    Vrsta gradiva - članek, sestavni del ; neleposlovje za odrasle
    Leto - 2022
    Jezik - angleški
    COBISS.SI-ID - 131430915

    Povezava(-e):

    https://onlinelibrary.wiley.com/doi/full/10.1111/raju.12366
    Repozitorij Univerze v Ljubljani – RUL
    DOI

Digitalne vsebine: dCOBISS

pdf


Vnos na polico