Structures of Judicial Decision Making from Legal Formalism to Critical Theory

Structures of Judicial Decision Making from Legal Formalism to Critical Theory
Author: Roy Lavon Brooks
Publisher:
Total Pages: 396
Release: 2005
Genre: Law
ISBN:

To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."

Judicial Decision-Making

Judicial Decision-Making
Author: Barry Friedman
Publisher: West Academic Publishing
Total Pages: 966
Release: 2020-04-27
Genre:
ISBN: 9781642422573

This book is the only comprehensive treatment of judicial decision-making that combines social science with a sophisticated understanding of law and legal institutions. It is designed for everyone from undergraduates to law students and graduate students. Topics include whether the identity of the judge matters in deciding a case, how different types of lawyers and litigants shape the work of judges, how judges follow or defy the decisions of higher courts, how judges bargain with one another on multi-member courts, how judges get and keep their jobs, and how the judicial branch interacts with the other branches of government and the general public. The book explains how these individual and institutional features affect who wins and loses cases, and how the law itself is changed. It is built around well-known and accessible disputes such as gay marriage, women's rights, Obamacare, and the death penalty; and it offers students a new way to think about familiar legal issues and demonstrates how legal and social-science perspectives can produce a better understanding of courts and judges.

Theories of Choice

Theories of Choice
Author: Stefan Grundmann
Publisher: Oxford University Press, USA
Total Pages: 353
Release: 2021
Genre: Business & Economics
ISBN: 0198863179

This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.

An Introduction to Decision Theory

An Introduction to Decision Theory
Author: Martin Peterson
Publisher: Cambridge University Press
Total Pages: 351
Release: 2017-03-30
Genre: Business & Economics
ISBN: 1107151597

A comprehensive and accessible introduction to all aspects of decision theory, now with new and updated discussions and over 140 exercises.

The Supreme Court in the American Legal System

The Supreme Court in the American Legal System
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
Total Pages: 428
Release: 2005-08
Genre: Law
ISBN: 9780521780384

This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

Affect and Cognition in Criminal Decision Making

Affect and Cognition in Criminal Decision Making
Author: Jean-Louis van Gelder
Publisher: Routledge
Total Pages: 309
Release: 2013-11-26
Genre: Psychology
ISBN: 1135123098

Research and theorizing on criminal decision making has not kept pace with recent developments in other fields of human decision making. Whereas criminal decision making theory is still largely dominated by cognitive approaches such as rational choice-based models, psychologists, behavioral economists and neuroscientists have found affect (i.e., emotions, moods) and visceral factors such as sexual arousal and drug craving, to play a fundamental role in human decision processes. This book examines alternative approaches to incorporating affect into criminal decision making and testing its influence on such decisions. In so doing it generalizes extant cognitive theories of criminal decision making by incorporating affect into the decision process. In two conceptual and ten empirical chapters it is carefully argued how affect influences criminal decisions alongside rational and cognitive considerations. The empirical studies use a wide variety of methods ranging from interviews and observations to experimental approaches and questionnaires, and treat crimes as diverse as street robbery, pilfering, and sex offences. It will be of interest to criminologists, social psychologists, judgment and decision making researchers, behavioral economists and sociologists alike.

Selection and Decision in Judicial Process Around the World

Selection and Decision in Judicial Process Around the World
Author: Yun-chien Chang
Publisher: Cambridge University Press
Total Pages: 313
Release: 2020
Genre: Business & Economics
ISBN: 110847487X

Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.

Decision Theory with a Human Face

Decision Theory with a Human Face
Author: Richard Bradley
Publisher: Cambridge University Press
Total Pages: 351
Release: 2017-10-26
Genre: Business & Economics
ISBN: 1107003210

Explores how decision-makers can manage uncertainty that varies in both kind and severity by extending and supplementing Bayesian decision theory.

Multi-criteria Analysis in Legal Reasoning

Multi-criteria Analysis in Legal Reasoning
Author: Bengt Lindell
Publisher: Edward Elgar Publishing
Total Pages: 301
Release: 2017-05-26
Genre: Business & Economics
ISBN: 1786430207

Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.

The Rule of Law in the United Nations Security Council Decision-Making Process

The Rule of Law in the United Nations Security Council Decision-Making Process
Author: Sherif Elgebeily
Publisher: Taylor & Francis
Total Pages: 222
Release: 2017-03-31
Genre: Law
ISBN: 1315413442

Efforts to reform the use of the veto -- Conclusions -- 11 Accountability -- Introduction -- Self-regulation -- The accountability, coherence and transparency (ACT) group -- The Office of the Ombudsperson -- Sibling UN organs -- The International Court of Justice -- Potential coordination with the ICJ -- The General Assembly -- Conclusions -- Final conclusions -- Index