scholarly journals Modeling a satisficing judge

2018 ◽  
Vol 30 (2) ◽  
pp. 220-246
Author(s):  
Christoph Engel ◽  
Werner Gueth
Keyword(s):  
Decision Making ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
False Negative ◽  
Decision Makers ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Knowing That ◽  
Course Of Action ◽  
Graphic Illustration

Decision-makers often mean to react to the behavior of others, knowing that they only imperfectly observe them. Rational choice theory posits that they should weigh false positive versus false negative choices, and assess possible outcomes and their probabilities, if necessary, attaching subjective values to them. We argue that this recommendation is not only utterly unrealistic but highly error prone. We contrast it with an approach inspired by satisficing, where the decision-maker contents herself with gauging her confidence in not making too big a mistake by adopting one course of action. We model the competing approaches, using judicial decision-making as a graphic illustration.

scholarly journals Judging the Judiciary by the Numbers: Empirical Research on Judges

2017 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Field Studies ◽  
Demographic Characteristics ◽  
Decision Makers ◽  
Annual Review ◽  
Judicial Decision ◽  
Intuitive Reasoning ◽  
Judicial Decision Making ◽  
Wide Range ◽  
The Ideal

13 Annual Review of Law and Social Science (2017)Do judges make decisions that are truly impartial? A wide range of experimental and field studies reveal that several extra-legal factors influence judicial decision making. Demographic characteristics of judges and litigants affect judges’ decisions. Judges also rely heavily on intuitive reasoning in deciding cases, making them vulnerable to the use of mental shortcuts that can lead to mistakes. Furthermore, judges sometimes rely on facts outside the record and rule more favorably towards litigants who are more sympathetic or with whom they share demographic characteristics. On the whole, judges are excellent decision makers, and sometimes resist common errors of judgment that influence ordinary adults. The weight of the evidence, however, suggests that judges are vulnerable to systematic deviations from the ideal of judicial impartiality.

Judicial Decision-Making and Deliberations

2021 ◽  
pp. 143-163
Author(s):  
Theodor Meron
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Public Confidence ◽  
Judicial Decision ◽  
Criminal Courts ◽  
Judicial Decision Making ◽  
Administration Of Justice ◽  
Diverse Backgrounds ◽  
Court Proceedings ◽  
The Impact

This chapter assesses judicial decision-making and deliberations. The success of international criminal courts depends in no small part on the transparency of proceedings and reasoning of the judgements. Transparency is essential to building public confidence in the fair administration of justice. It also serves as an important safeguard against judicial arbitrariness and helps to ensure not only the fairness of the proceedings but the independence and impartiality of the Bench. This commitment to transparency in court proceedings is not absolute, however. It is limited by other factors, such as the importance of protecting witnesses and victims and the requirement that certain information be kept confidential. The chapter looks at the process of decision-making in the ICTY, ICTR, and the Mechanism. It draws attention to four specific issues: the uniqueness of the tribunals and the impact of their special status on decision-making; the diversity of decision-makers at the tribunals; the diverse backgrounds of the tribunals’ Judges and staff; and the process of decision-making.

scholarly journals Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication

2021 ◽  
Author(s):  
Piotr Bystranowski ◽  
Bartosz Janik ◽  
Maciej Próchnicki ◽  
Ivar Rodriguez Hannikainen ◽  
Guilherme da Franca Couto Fernandes de Almeid ◽  
...  
Keyword(s):  
Decision Making ◽  
Legal Theory ◽  
Experimental Studies ◽  
Decision Makers ◽  
Legal Interpretation ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Clear Cut ◽  
Legal Context ◽  
Country Study

AbstractRecent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox (ACP): the tendency to activate inconsistent intuitions (and generate inconsistent judgment) depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results (also for professional legal decision-makers) suggests that ACP is a robust effect in the legal context.

Part X Judicial Review, Judicial Performance, and Enforcement, 30 Improving Judicial Performance in Matters Involving International Arbitration

2016 ◽  
Author(s):  
Strong SI
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Weak Link ◽  
Judicial Decision ◽  
International Arbitration ◽  
National Interests ◽  
Judicial Decision Making ◽  
National Courts ◽  
Course Of Action ◽  
Judicial Performance

This chapter focuses on the issue of judicial competency in international arbitration. Participants in international arbitration often view national courts as the ‘weak link’ in the chain of arbitral practice and procedure. Although parties can and often do contract in advance for experienced arbitrators and efficient procedures, all of that planning and forethought can come to naught if a judge refuses to enforce an arbitration agreement or award. Recalcitrant courts are often branded as parochial, a move which suggests that the judges in question know what the proper course of action is, but simply prefer to protect national interests or parties. However, what appears to be a conscious desire to thwart the international arbitral regime could actually be nothing more than a judicial misunderstanding of a particularly complex area of law. The remainder of the chapter discusses structural and educational efforts of states to improve judicial decision-making.

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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