How Judges Use Weapons of Influence: The Social Psychology of Courts

2013 ◽  
Vol 46 (1) ◽  
pp. 7-24
Author(s):  
Guy Davidov ◽  
Maayan Davidov
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Case Law ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Decision Making Processes ◽  
The Government

Research on compliance has shown that people can be induced to comply with various requests by using techniques that capitalise on the human tendencies to act consistently and to reciprocate. Thus far this line of research has been applied to interactions between individuals, not to relations between institutions. We argue, however, that similar techniques are applied by courts vis-à-vis the government, the legislature and the public at large, when courts try to secure legitimacy and acceptance of their decisions. We discuss a number of known influence techniques – including ‘foot in the door’, ‘low-balling’, ‘giving a reputation to uphold’ and ‘door in the face’ – and provide examples from Israeli case law of the use of such techniques by courts. This analysis offers new insights that can further the understanding of judicial decision-making processes.

Reporting case law: unreported cases, the definition of a ratio and the criteria for reporting decisions

Legal Studies ◽  
1985 ◽  
Vol 5 (2) ◽  
pp. 205-232 ◽  
Author(s):  
N. H. Andrews
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Judicial Decision ◽  
Efficient System ◽  
Judicial Decision Making ◽  
The Public ◽  
Reporting Decisions ◽  
Definition Of ◽  
Practical Arguments

An efficient system of law reporting is beneficial in a number of ways. First, accurate reports are necessary if the principle that like cases should be decided alike is to be achieved. Secondly and relatedly, a strict system of precedent, which renders most decisions binding on courts, requires all decisions which have precedential value to be recorded. Thirdly, full reports of what judges say, including dissents, enable subsequent courts to consider the complex of normative and practical arguments which has been articulated in previous decisions. This both adds to the richness of material guiding lawyers and citizens at large and improves the quality of judicial decision-making. Fourthly, reporting courts’ reasons for reaching a decision is important since it exposes judges to scrutiny by fellow judges, practitioners, academics and the public at large. Reporting therefore serves the principle of accountability.

scholarly journals Paths to Digital Justice: Judicial Robots, Algorithmic Decision-Making, and Due Process

2020 ◽  
pp. 1-17
Author(s):  
Pedro RUBIM BORGES FORTES
Keyword(s):  
Decision Making ◽  
Due Process ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
Software Algorithms ◽  
Criminal Justice Systems ◽  
Due Process Of Law ◽  
Decision Making Processes ◽  
Human Quality

Abstract The paths to digital justice focus on the challenges of contemporary digital societies in reaching automated decision-making processes through software, algorithms, and information technology without loss of its human quality and the guarantees of due process. In this context, this article reflects on the possibilities of establishing judicial robots in substitution for human judges, by examining whether artificial intelligence and algorithms may support judicial decision-making independently and without human supervision. The point of departure for this analysis comes from the experience of criminal justice systems with software for judgment of the possibility of recidivism of criminal defendants. Algorithmic decision-making may improve the public good in support of judicial decision-making, but the analysis of current technology and our standards for due process of law recommends caution on the conclusion that robots may replace human judges and satisfy our expectations for explainability and fairness in adjudication.

scholarly journals The Role of Public Participation in Governance towards Achieving Sustainable Development. Part 1

2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Public Participation ◽  
Good Governance ◽  
Policy Formulation ◽  
Government Officials ◽  
Political Class ◽  
The Public ◽  
Decision Making Processes ◽  
The Government

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.

The European Court of Human Rights and Transnational Judicial Dialogue

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Carla M Zoethout
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Case Law ◽  
Judicial Decision ◽  
Council Of Europe ◽  
Judicial Decision Making ◽  
The Past ◽  
European Court ◽  
Foreign Law ◽  
The Us

AbstractOver the past decade, the European Court of Human Rights (ECtHR) seems more and more inclined to use foreign sources of law, that is to say, law that does not originate in the Convention itself or in one of the Member States of the Council of Europe. Unlike in the US, there is little discussion in Europe about this form of judicial dialogue in the case-law of the ECtHR. This paper seeks both to clarify transnational dialogue by the ECtHR and find ways to justify this practice, against the backdrop of the American debate on this topic. First, the concept of transnational judicial dialogue is analysed (Part II). Then judicial dialogue as it presents itself in the judgments of the ECtHR is assessed, especially when non-Convention or foreign law is being used in a substantive way (Part III). Subsequently, an attempt is made to define when and why the use of foreign law by the ECtHR can be considered a justifiable approach in judicial decision-making (Part IV). The paper rounds off with some concluding remarks (Part V).

New Measurement Technologies

2017 ◽  
Author(s):  
Daniel E. Ho ◽  
Michael Morse
Keyword(s):  
Decision Making ◽  
Data Collection ◽  
Case Law ◽  
Judicial Behavior ◽  
Standard Approach ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Ideal Points ◽  
Meaningful Data ◽  
The Way

This chapter reviews measurement technologies that have rapidly invigorated the study of judicial behavior, examining the standard approach to measuring judicial “ideal points” and discussing how such measures have facilitated broad new lines of inquiry in understanding judicial decision-making. But the measures, as this chapter explains, are no panacea. Proper use and interpretation depend critically on qualitative assumptions and understanding of underlying case law. This chapter argues that the way forward combines jurisprudentially meaningful data collection with advances in measurement technologies. These concepts are illustrated by empirically informing a long-standing debate about the effect of the Nuremberg trial on Justice Jackson’s jurisprudence.

scholarly journals The role of case law in judicial decision-making: A sociological perspective

Sociologija ◽  
2015 ◽  
Vol 57 (4) ◽  
pp. 593-619
Author(s):  
Tilen Stajnpihler
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Case Law ◽  
The Body ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Supreme Court ◽  
Citation Practices ◽  
The Republic

The article attempts to verify a common conception that has by now become an integral part of legal culture in civil law jurisdictions, namely, the conception that despite its unresolved legal status, case law (i.e. the body of past judicial decisions) is widely used by the courts when they are justifying their interpretative choices. For this purpose, an exploratory empirical study of court citation practices was conducted. The study focused on a sample of the officially reported decisions of the Supreme Court of the Republic of Slovenia and the appellate (Higher) courts on civil matters in 2011 that were publicly accessible on the official internet database of the Slovene courts. The aim of the study, which provides the first systematic outline of the use of case law in the judicial decision making process within the Slovene legal system, was to verify whether case law in fact constitutes an important factor in judicial decision-making. It did so by focusing on the extent and the manner in which Slovene courts refer to case law, as these may be inferred from the reasoning of their decisions.

scholarly journals FEMINIST PERSPECTIVES ON TORT LAW

2013 ◽  
Vol 25 (1) ◽  
pp. 265-272
Author(s):  
Carol Brennan
Keyword(s):  
Decision Making ◽  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Human Face ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Tort System ◽  
Feminist Perspectives ◽  
The Way

Janice Richardson and Erika Rackley (eds), Routledge 2012, ISBN 978-0415619202 Price £80.00 hbBecause it is the area of civil law with a distinctly human face, students often initially find tort law accessible; sometimes deceptively so. Early on, they are introduced to the importance of policy in the development of case law. Often this policy is not articulated, so a skill must be developed of reading between the lines, in order to discern the influence upon judicial decision-making of concerns such as those about the ‘floodgates’, or perhaps defensive practice. But additionally, both students, their teachers and users of the tort system, must be appraised that explicit assertions about ‘policy’ are premised upon much more fundamental and elusive assumptions about the way society does or should operate.

scholarly journals Judicial Responses to Violations of the Emotional, Physical, Psychological and Sexual Integrity of the Child

2019 ◽  
Vol 27 (2) ◽  
pp. 373-409
Author(s):  
Hamish Ross
Keyword(s):  
Decision Making ◽  
Civil Law ◽  
Case Law ◽  
Child Victims ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Relevant Case ◽  
English Law ◽  
Judicial Attitudes ◽  
Key Aspects

This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as a barometer of judicial attitudes towards such claimants and, by extension, towards the child victims of abuse themselves, differences in judicial approach between the two jurisdictions are critically assessed, entailing some weighing and evaluation of the argumentative coherence and persuasive force of the judicial decision-making in question. Key aspects of the discussion are framed in terms of recurrent issues that have arisen in relevant case law. The overall aim is to inform a wider debate about the success or failure of civil law mechanisms of redress in rendering justice to those whose right to emotional, physical, psychological or sexual integrity has been violated in childhood.

The Study of Judicial Decision-Making as an Aspect of Political Behavior

1958 ◽  
Vol 52 (4) ◽  
pp. 1007-1025 ◽  
Author(s):  
Glendon A. Schubert
Keyword(s):  
Decision Making ◽  
Human Behavior ◽  
Political Behavior ◽  
Public Law ◽  
Natural Sciences ◽  
Frame Of Reference ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
Decision Making Behavior

In a recent essay, Richard Snyder has stated that: “[A] paradox in political science is the lack … of any systematic attention to the analysis of the decision-making behavior of judges.” It is not my purpose to argue either for or against the particular frame of reference for decision-making analysis advocated by Snyder. I do believe, however, that he has correctly identified the approach—the analysis of judicial decision-making as an aspect of political behavior—which is most likely to command the focus of interest and activity of the coming generation of political scientists whose substantive concern is with the study of political problems in the area of our discipline traditionally known as public law.The concept “political behavior” remains sufficiently novel within the public law fraternity to impose something of an obligation to make clear what I have in mind in using the term. I shall borrow from David B. Truman who, in a Brookings Lecture not long ago, defined the “behavioral sciences” as “those bodies of knowledge, in whatever academic department they may be found, that provide or aspire to provide ‘verified principles’ of human behavior through the use of methods of inquiry similar to those of the natural sciences.”

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