Miért szubjektív az objektív?
Why is objective subjective?

Summary/Abstract: A court judgment is not only based on the text of the legislation but the practice built behind the law is also of great importance in decision-making. However, the decision of a legal issue in lawsuits relating to personality rights is also influenced by the judge’s own moral perception, as well as by the fact of what he thinks about the permissible limits of human contact. The removal of legal boundaries and the judge’s personal convictions are of course not necessarily the same, but they are typically not extremely far from each other. According to the reasoning of the judgments, courts try to avoid the mentioned position, the explicit declaration of a personal view, mostly because of their concern that the decision will not be objective. In this study, I examine whether implicit subjectivism in judgment has a right to exist. According to the conclusion, it would be more correct if the court involved the parties in the evaluation process to a greater extent by revealing the aspects of content determination.

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