The Psychology of Judicial Decision Making
The Psychology of Judicial Decision Making
Associate Chair and Associate Professor, Department of Politics
Professor of Law and E. James Kelly, Jr.-Class of 1965 Research Professor
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Abstract
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 many of the same judgments and decisions that ordinary people make and consider how our knowledge about judgment and decision-making in general applies to the case of legal judges. Chapters in the second section focus on the specific tasks that judges perform within a unique social setting and examine the expertise and particular modes of reasoning that judges develop to deal with their tasks in this unique setting. Chapters in the third section raise questions about whether and how we can evaluate judicial performance, with implications for the possibility of improving judging through the selection and training of judges and structuring of judicial institutions. Together the essays apply a wide range of psychological insights to help us better understand how judges make decisions and to open new avenues of inquiry into the influences on judicial behavior.
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Front Matter
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Part I
Judges and Human Behavior-
1
1 Motivation and Judicial Behavior: Expanding the Scope of Inquiry
Lawrence Baum
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2
2 Multiple Constraint Satisfaction in Judging
Jennifer K. Robbennolt and others
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3
3 Top-Down and Bottom-Up Models of Judicial Reasoning
Brandon L. Bartels
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4
4 Persuasion in the Decision Making of U.S. Supreme Court Justices
Lawrence S. Wrightsman
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5
5 Judges as Members of Small Groups
Wendy L. Martinek
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6
6 The Supreme Court, Social Psychology, and Group Formation
Neal Devins andWill Federspiel
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1
1 Motivation and Judicial Behavior: Expanding the Scope of Inquiry
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Part II
Judging as Specialized Activity-
7
7 Is There a Psychology of Judging?
Frederick Schauer
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8
8 Features of Judicial Reasoning
Emily Sherwin
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9
9 In Praise of Pedantic Eclecticism: Pitfalls and Opportunities in the Psychology of Judging
Dan Simon
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10
10 Judges, Expertise, and Analogy
Barbara A. Spellman
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11
11 Thresholds for Action in Judicial Decisions
Len Dalgleish and others
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12
12 Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury Disputes
C. K. Rowland and others
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13
13 Searching for Constraint in Legal Decision Making
Eileen Braman
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7
7 Is There a Psychology of Judging?
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Part III
Evaluating and Improving Judging -
End Matter
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