Non Liquet: From Modern Law to Roman Law
9 Isr. L. Rev. 63 (1974)
22 Pages Posted: 25 Oct 2015
Date Written: 1974
May a judge Refuse to Pronounce judgment? In modern legal systems, the judge cannot as a rule evade his basic duty, that of adjudicating. He has the option of either allowing or of rejecting the plaintiff's claims. Under the rules of criminal procedure adopted by several countries, he may acquit for insufficient evidence. But he cannot be released from exercising his function as a judge, claiming either that the facts of the case are not sufficiently clear to him (factual doubt), or that the norm to be applied in the specific case cannot be determined (judicial doubt), or even that there exists no fixed norm for the determination of the case (lacuna in the law).
Keywords: judgment, legal system, judge, allowing, rejecting, case
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