Suchergebnisse

The subject matter of this research is the correlation between the judges' assertiveness and the efficiency and quality of judicial work. The primary aim is to examine whether there is a correlation between the judges' assertiveness, on the one hand, and the efficiency and quality of their work, on the other hand. The second aim is to explore the correlation between the efficiency and quality of judicial work. The starting premise is that there is a correlation between particular indicators of these variables. Judges' assertiveness is a conditionally independent variable used as a referential point for measuring two conditionally dependent variables: the efficiency and the work quality of the judiciary. The assertiveness was measured by a standardized questionnaire which was distributed to a research sample including 40 judges from the Criminal Department and the Civil Department of the Basic Court in Niš in May 2015. The efficiency of judicial work was measured by employing four indicators: the clearance rate (CR), the disposition time (DT), the clearance coefficient (CC) and the percentage of solved cases as related to the total number of cases (PS), whereas the quality of judicial work was assessed by measuring the overall work quality (WQ). The data on the efficiency and quality of judicial work were collected from the 2014 Report on the work of the judges in the Civil Department and the Criminal Department of the Basic Court in Niš. Contrary to our expectation, the most important finding is that there is no correlation between assertiveness and the efficiency and quality of judicial work; however, there are various correlations between the aforementioned indicators of efficiency and quality of judicial work.

This chapter examines the empirical methods applicable in Criminology, Economic Analysis of Law, and the law embodied in the form of algorithms. The first part of the paper explores the empirical research methods used in Criminology. Focusing on the fundamental features of criminological methodology, the chapter elaborates on fundamental and applied research. The second part focuses on interdisciplinary methodology applicable in the field of Economic Analysis of Law (EAL), and examines the accompanying controversies and challenges generated by the development of behavioral research that has fundamentally changed the findings of the EAL. The third part elaborates on the importance of empirical data in the context of law as an algorithm and the "new trichotomy" reflecting the nature of data: text-driven law, data-driven law, and code-driven law. The trichotomy emerges as a result of an attempt to transform legal norms into machine-readable algorithms, as well as to ensure the application of these modalities in the legal context. The authors discuss the importance of empirical methods in law and the "extension" of standard legal methodology.