It has been recognized, in the methodological controversies covering the civil cases, that decision making consists of judge's value judgment, a substantial weighing of conflicting interests in a particular situation. This general formula applies to the commercial cases as well. It is hardly possible to draw a distinct line to separate the “commercial” type of conflicting interests from the “civil”. The conflicts of both homogeneous and heterogeneous interests, in terms of participants and goals to be pursued, present themselves in the situations giving birth to the commercial cases. The commercial relations differ from the civil situations only in the degree of the complexity, the complexity of conflicting
multiple values and interests. Clear evaluations and examinations of the correlations or interactions, accordingly, among the facts, conflicting interests and their qualifications, would merit our special attention in dealing with the commercial cases.
A practical view point would disclose that the commercial tribunals have functioned to supplement the legislative lacunae, taking place through the constant birth of new types of business enterprises or activities, falling outside the scope of the statutory provisions. To the more realistic eyes, the destined role assigned for the tribunals appears sterile and inexpedient, since the general investors or consumers rarely bring suits to the courts by themselves and the business enterprises prefer normally other means to settle the matter; through, for instance, arbitration, conciliation, mitigation or negotiation.
Granted the judicial decision making would give an influential impacts upon the legislature for the revision of the positive precepts, big enterprises, quickly responding to the decisions, put pressures on the legislative revision processes to deny, through the parliamentary authority, the progressive judicial decisions. Under those recent legislative trends and circumstances, it could be easily perceptible more attempts should be directed toward the better embodiment of academic influences on the legislative processes rather than to those contentions concerning the statutory interpretations to be adopted or applied within the judicial processes, since the case law studies have less significance in the realm of commercial law researches. Little significance could be given, by the same token, to the “predictability of future decision”, the chief concern for the legal-empiricists in their case law analysis, which might constitute an expedient goal in other field of laws. More important is the examination into the legal dynamics, viewed in the whole context of both judicial and legislative processes, together with the evaluation of big business behaviors, relevant to the legal processes.
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