Jump to ContentJump to Main Navigation

You are looking at 1-14 of 14 items

  • Keywords: judicial behavior x
Clear All Modify Search

View:

The Psychology of Judicial Decision Making

David E. Klein and Gregory Mitchell (eds)

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.001.0001
Subject:
Psychology, Forensic Psychology

This volume of essays examines the psychological processes that underlie judicial decision making. Chapters in the first section of the book take as their starting point the fact that judges make ... More


Motivation and Judicial Behavior: Expanding the Scope of Inquiry

Lawrence Baum

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0001
Subject:
Psychology, Forensic Psychology

This chapter analyzes judicial decision making from the perspective of motivation. Students of judicial behavior have focused on judges’ motivations, but their inquiries into motivation could be ... More


Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury Disputes

C. K. Rowland, Tina Traficanti, and Erin Vernon

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0012
Subject:
Psychology, Forensic Psychology

For decades virtually every scholarly work on trial judges began by lamenting the unfortunate tendency of students of judicial behavior to concentrate almost exclusively on appellate courts generally ... More


Cognitive Style and Judging

Gregory Mitchell and Philip E. Tetlock

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0017
Subject:
Psychology, Forensic Psychology

An important dimension of judicial decisions little studied by social scientists is the scope of a court's opinion. Traditional political science studies of judging emphasize the political valence of ... More


Ideology and the Study of Judicial Behavior

Lee Epstein, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0027
Subject:
Psychology, Social Psychology

This chapter explores the role of ideology in the study of judicial behavior. From the antecedents of the attitudinal model to newer strategic accounts, ideology plays a key role in political science ... More


Defining Good Judging

Andrew J. Wistrich

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0015
Subject:
Psychology, Forensic Psychology

Some have suggested that we must define good judging before we begin studying, evaluating, and reforming judicial decision making. This chapter argues that this view is understandable but questions ... More


Expertise of Court Judges

James Shanteau and Len Dalgleish

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0016
Subject:
Psychology, Forensic Psychology

We argue that expert performance is not best understood and assessed in terms of general characteristics applying across all domains. Rather, it should be analyzed in the context of the specific ... More


Politics, Judicial Behaviour, and Institutional Design

Erik Voeten

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter evaluates empirical studies of ECtHR decision-making and how they inform debates about institutional reform. The evidence suggests that ECtHR judges are politically motivated actors in ... More


From Comparative Constitutional Law to Comparative Constitutional Studies

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0005
Subject:
Law, Comparative Law, Constitutional and Administrative Law

The chapter argues for an interdisciplinary approach to comparative constitutional inquiry that is methodologically and substantively preferable to doctrinal accounts. It suggests that for ... More


Judges, Expertise, and Analogy

Barbara A. Spellman

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0010
Subject:
Psychology, Forensic Psychology

Political scientists have shown that one can anticipate how a judge will decide a case more often than chance, or a reading of the facts, might allow by using various predictors such as party ... More


Precedent and the Court of Justice: A Jurisprudence of Doubt?

Takis Tridimas

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0012
Subject:
Law, EU Law, Philosophy of Law

This chapter examines the doctrine of stare decisis in relation to the first and the third constituency. It looks at the methodology of the European Court of Justice in distinguishing precedent, ... More


Immigration: how Parliament’s language affects central government powers

Matthew Williams

in How Language Works in Politics: The Impact of Vague Legislation on Policy

Published in print:
2018
Published Online:
January 2019
ISBN:
9781529200201
eISBN:
9781529200225
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781529200201.003.0004
Subject:
Political Science, Political Theory

This chapter examines how Parliament's use of language affects central government powers by looking to judicial interpretation of immigration law. Using an adapted legal model of judicialisation, it ... More


Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.001.0001
Subject:
Law, Philosophy of Law

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can ... More


Rules of Law: Command and Prediction

in The Theory of Rules

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226487953
eISBN:
9780226487977
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226487977.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses the understanding of legal rules as commands of the sovereign. It also describes that the language of prediction is a way of highlighting that the rules of law is what the ... More


View: