Publication details
Studie dekontextualizace v používání judikatury
| Title in English | Study of decontextualization in the use of case-law |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | case-law; decontextualization; network analysis; citations of judicial decisions; similarity of facts |
| Description | This article focuses on one of the aspects of the use of case-law [judikatura] in Czech legal system. Czech judicial decisions often contain a lot of references to past decisions. Sometimes it seems that these references occur with little attention to the actual similarity between the facts of the past and present cases. The aim of this article is to report on a study of Czech citation practice based on network analysis and analysis of texts that seeks to explore this claim further. Using chains of citations constructed based on network analysis, this article shows to what extent does the similarity of he factual core of individual cases shift. It also explores the telling capacity of one of the network metrics - indegree centrality - for Czech citation environment. |
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