This Special Edition of the Griffith Law Review on judicial decision-making will be of significant interest to judges, barristers and solicitors. It interrogates the role of knowledge from ‘outside’ of the law in judicial decision-making and spans diverse areas of law including crime, private law, family law and discrimination. The various authors consider the law’s intersection with science, social science and philosophy and analyse how this manifests in different legal spheres.
Themes which emerge include the absence of a clear framework for the reception of outside knowledge, the individualisation of information to single cases created by adversarial system, judicial reliance on common sense assumptions and the expertise and training required to assess the validity and accuracy of information which may be placed before a court.
The papers suggest there is a judicial thirst to access resources relevant to their cases, and that significant benefits may flow, but at this stage there are still risks of lack of natural justice, selectivity and lack of expertise in interpretation of material.
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