
Contents
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The Study of Judicial Behavior The Study of Judicial Behavior
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Models of Judicial Behavior Models of Judicial Behavior
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Legal and SemiLegal Models Legal and SemiLegal Models
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Attitudinal Models Attitudinal Models
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Strategic Models Strategic Models
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Probing the Models Probing the Models
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The Psychology of Judicial Motivation The Psychology of Judicial Motivation
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Goals and Motives Goals and Motives
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The Energizing Dimension The Energizing Dimension
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Variation by Judge and Situation Variation by Judge and Situation
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Motivation and Cognition Motivation and Cognition
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Implications for Issues in Judicial Behavior Implications for Issues in Judicial Behavior
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The Primacy of Legal Policy The Primacy of Legal Policy
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Law Versus Policy Law Versus Policy
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Strategy Strategy
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Conclusion Conclusion
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Notes Notes
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1 1 Motivation and Judicial Behavior: Expanding the Scope of Inquiry
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Published:January 2010
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Abstract
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 broader and deeper. The chapter presents four issues on which scholarship in psychology can enhance our understanding of judges’ motivations: the linkage between proximate goals (such as achieving good public policy) and more fundamental motivations, the energizing dimension of motivation (the level of effort devoted to a task), variation in motivation across judges and situations, and the relationship between motivation and cognition. The chapter concludes by considering the implications of its inquiry into motivation for the key questions in the study of judicial behavior, including the relative importance of legal and policy considerations in judges’ decision making and the extent to which judges behave strategically.
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