Decision Theory And The Legal Process
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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."
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.
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.
Author | : B. Anderson |
Publisher | : Springer Science & Business Media |
Total Pages | : 192 |
Release | : 1996-02-29 |
Genre | : Law |
ISBN | : 9780792339816 |
This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
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.
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.
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.
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.
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.
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