Ideology and Partisanship

2017 ◽  
Author(s):  
Jeffrey A. Segal
Keyword(s):  
Decision Making ◽  
Strong Correlation ◽  
Combined Effects ◽  
Judicial Decision ◽  
Election Law ◽  
Judicial Decision Making ◽  
The Subject ◽  
Independent Effects

The question of whether partisan or ideological preferences influence judicial decision-making has been the subject of numerous studies. Due to the strong correlation between party and ideology, scholars have often chosen to examine the combined effects of party and ideology. Recently, however, and in spite of the fact that correlation between party and ideology is growing, scholars have begun to investigate the independent effects of party and ideology by studying a unique group of election law cases, where partisan and ideological considerations often conflict. There has also been an emerging interest in identifying the causes behind the increased polarization of the Court. The increased polarized of the Senate is one posited theory.

Collective Oath Compurgation in Anglo-Saxon England and African states

1979 ◽  
Vol 20 (1) ◽  
pp. 1-18 ◽  
Author(s):  
William A. Shack
Keyword(s):  
Decision Making ◽  
Social Relationships ◽  
African State ◽  
Anglo Saxon ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Legal Principles ◽  
The Subject ◽  
Early English ◽  
William The Conqueror

Social historians and historians of jurisprudence have, on occasion, drawn attention to the close resemblances between Anglo-Saxon society at the time when it is said to have been dominated by kinship relationships and the large kingdom states in Africa. The truth of the matter is not so easily come by, however, since the content of pre-medieval social relationships linking persons of different station was inadequately recorded by early writers. The faulty character of early records becomes evident in the area of jurisprudence, especially whenever attempts are made to assess the extent to which kinbased social relationships invaded the legal principles in Anglo-Saxon society in matters of dispute and settlement. This notwithstanding, it seems an instructive sociological task to reconsider comparatively with African state societies, wherever possible, certain of those legal ideas that allegedly formed the basis for judicial decision-making in early English courts before the introduction of trial by jury. The interpretation of these early ideas, set against the background of rights, duties, and obligations that obtained between persons of set status, should define more clearly than before whatever general agreement exists between these legal principles and those that obtain in African state societies. A more ambitious treatment of the subject than is attempted in this essay would extend beyond Anglo-Saxon society. But, because of the faulty character of early records, I limit this literary exercise to the period before William the Conqueror crossed the Channel.

Book Review: The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

2006 ◽  
Vol 37 (1) ◽  
pp. 153
Author(s):  
Bevan Marten
Keyword(s):  
Decision Making ◽  
Practical Reasoning ◽  
Individual Case ◽  
Judicial Decision ◽  
Judicial Process ◽  
Judicial Decision Making ◽  
Cambridge University ◽  
The Subject ◽  
The Individual

This article is a book review of E W Thomas The Judicial Process (Cambridge University Press, Cambridge, 2005) (414 + xxvi pages) Hardback NZ$180. In his belief that too many judges are simply 'muddling along' without a sound conception of what their role entails, Justice Thomas (a retired judge) has written a book putting forward a theory of judicial decision-making. The book represents the development of Thomas' thinking since an earlier monograph on the subject, but the two pillars on which he bases his theory remain unchanged: that the demands of justice in the individual case, and the requirement that the law meets society's reasonable needs, be at the forefront of every judgment. Marten notes that the book is deliberately pitched at a level that many people can read and enjoy. On the whole, Marten states that the book is a well-written and engaging book by one of New Zealand's most distinctive judges.

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

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