
Contents
-
-
-
-
-
-
-
-
-
-
Overview of Analogical Reasoning Overview of Analogical Reasoning
-
Steps in Using Analogies Steps in Using Analogies
-
Similarity in Using Analogies Similarity in Using Analogies
-
-
Analogy and Expertise Analogy and Expertise
-
What Is an Expert? What Is an Expert?
-
Why Is Expertise Important Why Is Expertise Important
-
-
Are Judges Experts at Analogical Reasoning? Are Judges Experts at Analogical Reasoning?
-
Law School Techniques and the Possibilities of Improving Analogical Reasoning Law School Techniques and the Possibilities of Improving Analogical Reasoning
-
Creating More Abstract Source Representations Indirectly by Comparing Analogs Creating More Abstract Source Representations Indirectly by Comparing Analogs
-
Training People to Abstract Principles from Single Analogs Training People to Abstract Principles from Single Analogs
-
Teaching the Names of Relations Teaching the Names of Relations
-
-
But Does a Law Student's Analogical Reasoning Actually Improve? But Does a Law Student's Analogical Reasoning Actually Improve?
-
Expertise and the Process/Content Interaction Expertise and the Process/Content Interaction
-
-
Nonattitudinal (Unintentional) Factors Affecting Analogy Selection and Use Nonattitudinal (Unintentional) Factors Affecting Analogy Selection and Use
-
Knowledge and Unconscious Reminding Knowledge and Unconscious Reminding
-
Knowledge and Interests Knowledge and Interests
-
Incorporating Structure in Levels of Abstraction Incorporating Structure in Levels of Abstraction
-
Coherence Coherence
-
Legal Knowledge Legal Knowledge
-
Judges and Analogy Judges and Analogy
-
-
Notes Notes
-
-
-
-
-
-
-
-
-
10 10 Judges, Expertise, and Analogy
Get access-
Published:January 2010
Cite
Abstract
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 affiliation, gender, or the judge's own decisions on earlier similar cases. The simplest explanation for such behavior is that judges first decide what they want the outcome of the case to be, then go back to find the precedents that justify their opinions. This chapter considers a more nuanced version of the process: judges may choose relevant case analogies as better or worse, applicable or inapplicable, not because of any particular desired outcome but because of their own pre-existing knowledge. The influence of such knowledge on the decision process may be entirely unconscious; therefore, judges may, in fact, be following the idealized decision-making process to the letter, and be unmotivated toward finding a particular result, yet may usually still reach the predicted result.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 2 |
November 2022 | 2 |
December 2022 | 4 |
February 2023 | 3 |
March 2023 | 1 |
April 2023 | 7 |
May 2023 | 3 |
June 2023 | 2 |
July 2023 | 1 |
August 2023 | 3 |
October 2023 | 1 |
December 2023 | 7 |
January 2024 | 6 |
February 2024 | 5 |
March 2024 | 3 |
May 2024 | 6 |
June 2024 | 3 |
July 2024 | 5 |
August 2024 | 7 |
September 2024 | 3 |
October 2024 | 1 |
November 2024 | 3 |
December 2024 | 5 |
February 2025 | 3 |
March 2025 | 2 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.