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A Few Questions Concerning Photographs in Court Decisions

Dr Michał Dudek

Jagiellonian University in Kraków

Abstract: The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.

Keywords: law, visuality, court decisions, photographs

Language: English

Received: 19.01.2017
Accepted: 29.09.2017

Published: Number 2(17)/2018, pp. 60-74.

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Filed Under: Articles Tagged With: court decisions, law, Michał Dudek, photographs, visuality

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Keywords

theory of justice constitution’s functions Łukasz Mirocha Bruce Ackerman reflexive law interest of the individual operative legal interpretation axiological pluralism Carl Schmitt personalistic introspection public interest interests of the deceased reactive attitudes sincerity principle intermediate scrutiny test law and ideology market economy moral judgement professional responsibility of lawyers theory of law manuscrits philosophiques clandestins Hart liability for damages reflexivity monism Pasikowski’s Pigs legal profession Tomasz Barankiewicz metaphysical realism discretion procedural criminal law Social Insurance Institution Ofer Raban conflict management politics of memory decommunization adjudication dignity behavioural law & economics personal traits open society aims means of the law Chinese law justice Jakub Łakomy Noam Chomsky primatology comparative approach citizens' participation in criminal justice neopositivism

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