NCCR Mediality
UZH




Die Nationalen Forschungsschwerpunkte (NFS) sind ein Förderungsmittel des Schweizerischen Nationalfonds.
Y. Implosion
Y.6. Court of Justice secrets, Relation, and Verdict

There is almost no other context where law becomes more visible than in judicial procedure and judgment. The mandatory force of rules, and conflict rulings based on such rules, become literally concrete in the operative part of judgments. This is also true – although in less strong terms – of the reasoning behind the judgment. The duty to communicate this reasoning to all participants is, however, in no way a matter of course: up until the seventeenth century the secrecy of the court was a binding rule. Only then did the strict obligation to judicial secrecy start to vanish and, eventually, make way for the mandatory provision of reasoning for judgments. The project addresses this evolutionary process. In particular, it raises the question of the connection between the jurisprudential discourse on the editing of judicial judgments and the emergence of the duty to communicate the reasons for the judgment.