scholarly journals Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judical Decision Making

2020 ◽  
Vol 9 (2) ◽  
pp. 323-366
Author(s):  
Kate Webber Nuñez
Keyword(s):  
Decision Making ◽  
Theoretical Explanation ◽  
Potential Influence ◽  
Unconscious Bias ◽  
Legal Decisions ◽  
Social Facts ◽  
Psychological Theories ◽  
The Law ◽  
Pipe Dream ◽  
Strategic Theories

AbstractThe Feminist Judgments Project (“FJP” or the “Project”) rewrites existing judicial opinions from a feminist perspective. This article explores whether and how the FJP's alternative jurisprudence can influence future legal decisions. The FJP seeks to change the law by revealing unconscious bias and opening judicial minds to previously unknown perspectives - a method that draws on psychological theories of decision making such as cultural cognition. This article takes a different approach and evaluates the FJP using theories from political science. In light of the increasingly conservative judiciary and the Republican administration, the attitudinal and strategic theories of decision making would give the FJP little prospect of actually influencing the law. Thus, this article focuses on historical institutionalism to present a theoretical explanation for why and how the FJP's re-envisioned law could possibly persuade the judiciary. Specifically, the article examines the degree to which the FJP draws on social facts highlighted by the #MeToo and LGBTQ rights movements and whether the Project thereby creates the conditions for social construction and resultant legal change. It also uses theories on displacement to present a critique of the FJP's more radical re-writes and points to the more moderate approach of ideational salience amplification as effective. Ultimately, it concludes that the FJP's path of persuasion is somewhat narrow and limited, but possible.

Multi-criteria Decision-making Applications Based on Set Valued Generalized Neutrosophic Quadruple Sets for Law

2021 ◽  
pp. 41-60
Author(s):  
Necmiye Merve Sahin ◽  
◽  
◽  
Merve Sena Uz
Keyword(s):  
Decision Making ◽  
Similarity Measure ◽  
Point Of View ◽  
Multi Criteria Decision Making ◽  
Legal Decisions ◽  
The Law ◽  
Made In

In this article, an algorithm has been introduced that enables judges to see the decisions that should be made in a way that is closest to the conscience and the law, without transferring the cases to the higher authorities, without anyone objecting to their decisions. This algorithm has been introduced depending on the generalized set-valued neutrosophic quadruple numbers and the Euclidean similarity measure in sets, what the decision is made by considering all the situations, regardless of which case the defendants come before the judge, how similar these decisions are to the legal decisions that should be made. In this way, we can easily see the decisions given to the accused in all kinds of cases, and we can arrange the decisions according to the similarity value. The closer the similarity value is to 1, the more correct the judge's decision from a legal point of view.

LPCD framework: Analytical tool or psychological model?

2018 ◽  
Vol 41 ◽  
Author(s):  
David Danks
Keyword(s):  
Decision Making ◽  
Analytical Tool ◽  
Mathematical Framework ◽  
Bayesian Decision ◽  
Perceptual Decision Making ◽  
Psychological Model ◽  
Psychological Reality ◽  
Psychological Theories ◽  
Target Article ◽  
Bayesian Decision Making

AbstractThe target article uses a mathematical framework derived from Bayesian decision making to demonstrate suboptimal decision making but then attributes psychological reality to the framework components. Rahnev & Denison's (R&D) positive proposal thus risks ignoring plausible psychological theories that could implement complex perceptual decision making. We must be careful not to slide from success with an analytical tool to the reality of the tool components.

Minimizing Bias in Forensic Handwriting Examinations

2015 ◽  
Vol 25 ◽  
pp. 17-26 ◽  
Author(s):  
L. C. Alewijnse ◽  
E.J.A.T. Mattijssen ◽  
R.D. Stoel
Keyword(s):  
Decision Making ◽  
Information Management ◽  
Contextual Information ◽  
Context Information ◽  
Decision Making Process ◽  
Potential Bias ◽  
Potential Influence ◽  
Management Procedures

The purpose of this paper is to contribute to the increasing awareness about the potential bias on the interpretation and conclusions of forensic handwriting examiners (FHEs) by contextual information. We briefly provide the reader with an overview of relevant types of bias, the difficulties associated with studying bias, the sources of bias and their potential influence on the decision making process in casework, and solutions to minimize bias in casework. We propose that the limitations of published studies on bias need to be recognized and that their conclusions must be interpreted with care. Instead of discussing whether bias is an issue in casework, the forensic handwriting community should actually focus on how bias can be minimized in practice. As some authors have already shown (e.g., Found & Ganas, 2014), it is relatively easy to implement context information management procedures in practice. By introducing appropriate procedures to minimize bias, not only forensic handwriting examination will be improved, it will also increase the acceptability of the provided evidence during court hearings. Purchase Article - $10

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

Under the law: Masking reality

2021 ◽  
Vol 103 (3) ◽  
pp. 64-65
Author(s):  
Robert Kim
Keyword(s):  
School Districts ◽  
Disease Control ◽  
Vaccination Status ◽  
Legal Decisions ◽  
Legal Questions ◽  
The Law ◽  
Centers For Disease Control ◽  
K 12

The Centers for Disease Control and Prevention’s recommendation that students, staff, and visitors at K-12 schools wear masks indoors, regardless of their COVID-19 vaccination status, led numerous states to issue mask mandates for some or all K-12 schools. Most of the remaining states have decided to allow school districts to do whatever they want around masks, but a few banned local mask mandates. These developments invite a number of legal questions about the legality of mask mandates (and bans on those mandates). Robert Kim reviews the legal decisions issued thus far related to mask requirements.

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