The Psychology Of Judicial Decision Making

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The Psychology of Judicial Decision Making

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Author by : David E. Klein
Languange Used : English, France, Spanish, Italia and chinese
Page : 360
Isbn : 0199710139
Identifier : 9780199710133
Release : 2010-02-08
Publisher by : Oxford University Press
Category : Psychology
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Description : Read Now The Psychology Of Judicial Decision Making by David E. Klein and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

The Impact of Court Procedure on the Psychology of Judicial Decision Making

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Author by : Christoph Engel
Languange Used : English, France, Spanish, Italia and chinese
Page : 150
Isbn : 9783832929497
Identifier : 3832929495
Release : 2007
Publisher by : Nomos Verlagsgesellschaft Mbh & Company
Category : Law
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Description : Read Now The Impact Of Court Procedure On The Psychology Of Judicial Decision Making by Christoph Engel and you can download with pub, pdf, txt, doc, and more file format with free account. court procedures matter. but why do they matter, and how? there is hardly another context in which decision making is so densely embedded in a host of formal and informal institutions. courts do not themselves have the right of initiative. they must wait until a plaintiff or the attorney general brings a case forward. these same actors also define the issue. the court is not allowed to go beyond the claim, unless both parties voluntarily agree on a broader definition. most importantly, courts are not free to determine the output. it is their task to apply the law in force to the facts of the case, as presented by the parties. in order to become decision relevant, facts must go through strictly defined procedural routes. if a fact is contested, it may only be taken into account if formally proven. there is an exhaustive list of evidence admissible in court. informal rules, for instance, determine the structure and the wording of the pleadings, and of the representation of the final decision to the parties and to the legal community. this makes judicial procedure a particularly rewarding topic for the interaction between lawyers and psychologists. the impact of court procedure on the psychology of judicial decision making, assembled through the lively interaction of a group of academics from the us and germany, examines this fascinating topic.

Judicial Decision Making Is Psychology Relevant?

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Author by : Lawrence S. Wrightsman
Languange Used : English, France, Spanish, Italia and chinese
Page : 258
Isbn : 1461548071
Identifier : 9781461548072
Release : 2012-12-06
Publisher by : Springer Science & Business Media
Category : Psychology
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Description : Read Now Judicial Decision Making by Lawrence S. Wrightsman and you can download with pub, pdf, txt, doc, and more file format with free account. in the mid-1970s, as a social psychologist dedicated to the application of knowl edge, i welcomed our field's emerging interest in the legal system. i have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. more important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. as i systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, i experienced the delight of discovery similar to that of a child under a christmas tree. it has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. i believe we have learned much that would be useful if the system were to be revised. hlf the system were to be revised" . . . there's the rub. as i have stated, my original motivation was the application of knowledge. like other social scien tists, i believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. qver the last two decades, much knowledge has accumulated. how can we put this knowledge to work? judges are the gatekeepers of the legal system.

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

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Author by : Paul M. Collins, Jr.
Languange Used : English, France, Spanish, Italia and chinese
Page : 248
Isbn : 9780199707225
Identifier : 0199707227
Release : 2008-08-15
Publisher by : Oxford University Press
Category : Law
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Description : Read Now Friends Of The Supreme Court Interest Groups And Judicial Decision Making by Paul M. Collins, Jr. and you can download with pub, pdf, txt, doc, and more file format with free account. 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 Psychology of the Supreme Court

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Author by : Lawrence S. Wrightsman
Languange Used : English, France, Spanish, Italia and chinese
Page : 336
Isbn : 9780198041757
Identifier : 0198041756
Release : 2006-03-16
Publisher by : Oxford University Press
Category : Psychology
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Description : Read Now The Psychology Of The Supreme Court by Lawrence S. Wrightsman and you can download with pub, pdf, txt, doc, and more file format with free account. with the media spotlight on the recent developments concerning the supreme court, more and more people have become increasingly interested in the highest court in the land. who are the justices that run it and how do they make their decisions? the psychology of the supreme court by lawrence s. wrightsman is the first book to thoroughly examine the psychology of supreme court decision-making. dr. wrightsman's book seeks to help us understand all aspects of the supreme court's functioning from a psychological perspective. this timely and comprehensive work addresses many factors of influence including, the background of the justices, how they are nominated and appointed, the role of their law clerks, the power of the chief justice, and the day-to-day life in the court. dr. wrightsman uses psychological concepts and research findings from the social sciences to examine the steps of the decision-making process, as well as the ways in which the justices seek to remain collegial in the face of conflict and the degree of predictability in their votes. psychologists and scholars, as well as those of us seeking to unravel the mystery of the supreme court of the united states will find this book to be an eye-opening read.

Judicial Decision Making, Sentencing Policy, and Numerical Guidance

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Author by : Austin Lovegrove
Languange Used : English, France, Spanish, Italia and chinese
Page : 320
Isbn : 1468470809
Identifier : 9781468470802
Release : 2012-12-06
Publisher by : Springer Science & Business Media
Category : Psychology
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Description : Read Now Judicial Decision Making Sentencing Policy And Numerical Guidance by Austin Lovegrove and you can download with pub, pdf, txt, doc, and more file format with free account. this book describes an original, empirical study of judicial decision making. the process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. the present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. the primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. the validity of the model is tested and cross-validated in an archival study. this innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.

The Oxford Handbook of Behavioral Economics and the Law

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Author by : Eyal Zamir
Languange Used : English, France, Spanish, Italia and chinese
Page : 824
Isbn : 0199945470
Identifier : 9780199945474
Release : 2014
Publisher by : Oxford University Press, USA
Category : Business & Economics
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Description : Read Now The Oxford Handbook Of Behavioral Economics And The Law by Eyal Zamir and you can download with pub, pdf, txt, doc, and more file format with free account. the past twenty years have witnessed a surge in behavioral studies of law and law-related issues. these studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. this integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. 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 29 chapters organized in four parts. the first part provides a general overview of behavioral economics. the second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. the third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

More Than the Law Behavioral and Social Facts in Legal Decision Making

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Author by : Peter W. English
Languange Used : English, France, Spanish, Italia and chinese
Page : 272
Isbn : 9781591472551
Identifier : 1591472555
Release : 2005-01-01
Publisher by : Amer Psychological Assn
Category : Law
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Description : Read Now More Than The Law by Peter W. English and you can download with pub, pdf, txt, doc, and more file format with free account. an introduction for students and other readers to the ways in which behavioral and social knowledge can and should inform legal decisions, as well as ways in which such knowledge can be misused. considers legal decisions such as mandatory testing for drug use in schools, abortion, use of the death penalty, and jury selection, among others.

The Pioneers of Judicial Behavior

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Author by : Nancy L. Maveety
Languange Used : English, France, Spanish, Italia and chinese
Page : 448
Isbn : 9780472024209
Identifier : 0472024205
Release : 2009-11-16
Publisher by : University of Michigan Press
Category : Law
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Description : Read Now The Pioneers Of Judicial Behavior by Nancy L. Maveety and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

A Critique of Adjudication [fin de Siècle]

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Author by : Duncan Kennedy
Languange Used : English, France, Spanish, Italia and chinese
Page : 448
Isbn : 9780674039520
Identifier : 0674039521
Release : 2009-06
Publisher by : Harvard University Press
Category : Law
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Description : Read Now A Critique Of Adjudication Fin De Siecle by Duncan Kennedy and you can download with pub, pdf, txt, doc, and more file format with free account. a major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. it is also the first sustained attempt to integrate the american approach to law, an uneasy balance of deep commitment and intense skepticism, with the continental tradition in social theory, philosophy, and psychology. at the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects american politics. duncan kennedy considers opposing views about whether law is political in character and, if so, how. he puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. with an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. ultimately concerned with the practical consequences of ideas about the law, "a critique of adjudication" explores the aspects and implications of adjudication as few books have in this century. as a comprehensive and powerfully argued statement of a critical position in modern american legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Judges and Their Audiences A Perspective on Judicial Behavior

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Author by : Lawrence Baum
Languange Used : English, France, Spanish, Italia and chinese
Page : 240
Isbn : 140082754X
Identifier : 9781400827541
Release : 2009-01-10
Publisher by : Princeton University Press
Category : Law
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Description : Read Now Judges And Their Audiences by Lawrence Baum and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

Judicial Applications of Artificial Intelligence

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Author by : Giovanni Sartor
Languange Used : English, France, Spanish, Italia and chinese
Page : 222
Isbn : 9401590109
Identifier : 9789401590105
Release : 2013-04-17
Publisher by : Springer Science & Business Media
Category : Law
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Description : Read Now Judicial Applications Of Artificial Intelligence by Giovanni Sartor and you can download with pub, pdf, txt, doc, and more file format with free account. the judiciary is in the early stages of a transformation in which ai (artificial intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. how can ai contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? rather than aiming at the impossible dream (or nightmare) of building an automatic judge, ai research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. flexible ai tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. similarly, ai may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. the contributions in this volume exemplify some of the directions that the ai transformation of the judiciary will take.