Perception of the effectiveness in criminal justice - interdisciplinary approach

• In Event: Advances in Comparative Methodology

Abstract

This paper researches the effectiveness from various perspectives. The starting point is a semantic analysis. The author delves into the etymology of the term 'effectiveness', tracing it back to the Latin word "effective. "From a semantic standpoint, the paper analyzes three synonyms: effectiveness, efficacy, and efficiency. The research question concerns the search for an answer to the question of how the multidimensional perception of effectiveness influences legal thinking. The thesis of the axiological foundation of effectiveness is considered accurate. It is also argued with specific examples (case law) that such a perception is appropriate for exploring effectiveness by the ECtHR and the CJEU. This work is a part of research conducted by the platform Effective Justice – International and Comparative Approaches www.effective-justice.com.

The presentation provides a comprehensive examination of how effectiveness is perceived in economic sciences and psychology, drawing on selected philosophical concepts such as the praxeological perception of action by Tadeusz Kotarbiński and the frame of constitutive rules as elaborated by John Searle and Stanisław Czepita. The philosophical perception, specifically when it comes to praxeology, creates a new perspective to examine the effectiveness in legal sciences.

It is said that in legal sciences, especially procedures, effectiveness is perceived as a complex notion. More often used somehow intuitively, those intuitions align with the linguistic perception of notions at hand (based on the dictionary). However, the adjective effective is a part of legal language, as, for example, in reference to Article 13 ECHR or 19 TEU in conjunction with Art 47 CFR (effective remedy). Legal perception of effectiveness refers to the particular actions, tools, or part/whole of the proceedings. In this paper, the selected approaches will be resented. Regarding the effectiveness of proceedings, this notion is analyzed through its goals reproduced based on the ECHR and the CFR.

Author

• Barbara - Janusz-Pohl, Faculty of Law/Adam Mickiewicz University/Poland