The Psychology of Judicial Decision Making

The Psychology of Judicial Decision Making
Author: David E. Klein
Publisher: Oxford University Press
Total Pages: 355
Release: 2010-02-08
Genre: Psychology
ISBN: 0199710139

Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.

How Judges Judge

How Judges Judge
Author: Brian M. Barry
Publisher: Taylor & Francis
Total Pages: 361
Release: 2020-11-26
Genre: Law
ISBN: 0429657498

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

The Oxford Handbook of Behavioral Economics and the Law

The Oxford Handbook of Behavioral Economics and the Law
Author: Eyal Zamir
Publisher: Oxford Handbooks
Total Pages: 841
Release: 2014
Genre: Business & Economics
ISBN: 0199945470

'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.

Judges and Their Audiences

Judges and Their Audiences
Author: Lawrence Baum
Publisher: Princeton University Press
Total Pages: 246
Release: 2009-01-10
Genre: Law
ISBN: 140082754X

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.

What Justices Want

What Justices Want
Author: Matthew E. K. Hall
Publisher: Cambridge University Press
Total Pages: 229
Release: 2018-08-23
Genre: Law
ISBN: 1108472745

Examines how personality traits shape the behavior of US Supreme Court justices, proposing a new theory of judicial behavior.

Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Friends of the Supreme Court: Interest Groups and Judicial Decision Making
Author: Paul M. Collins, Jr.
Publisher: Oxford University Press
Total Pages: 249
Release: 2008-08-15
Genre: Law
ISBN: 0199707227

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

The Pioneers of Judicial Behavior

The Pioneers of Judicial Behavior
Author: Nancy L. Maveety
Publisher: University of Michigan Press
Total Pages: 446
Release: 2009-11-16
Genre: Law
ISBN: 0472024205

In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

The Psychology of the Supreme Court

The Psychology of the Supreme Court
Author: Lawrence S. Wrightsman
Publisher: Oxford University Press
Total Pages: 329
Release: 2006-03-16
Genre: Law
ISBN: 019530604X

Examining the psychology of Supreme Court decision-making, this book seeks to understand almost all aspects of the Supreme Court's functioning from a psychological perspective. It addresses many factors of influence, including the background of the justices, how they are nominated and appointed, the role of their law clerks, and more.

Law, Politics, and Perception

Law, Politics, and Perception
Author: Eileen Braman
Publisher: University of Virginia Press
Total Pages: 258
Release: 2009-10-29
Genre: Political Science
ISBN: 0813928370

Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.

Psychology and Law

Psychology and Law
Author: Andreas Kapardis
Publisher: Cambridge University Press
Total Pages: 444
Release: 2003
Genre: Law
ISBN: 9780521531610

This book is the authoritative work for students and professionals in psychology and law.