Theories of legal decision making in modern German legal doctrine

2020 ◽  
pp. 146
Author(s):  
Marina Belova
Author(s):  
Brian H. Bix

This article considers claims about the ‘autonomy of law’. These are that that legal reasoning is different from other forms of reasoning; that legal decision-making is different from other forms of decision-making; that legal reasoning and decision-making are sufficient to themselves, that they neither need help from other approaches nor would they be significantly improved by such help; and that legal scholarship should be about distinctively legal topics (often referred to as ‘legal doctrine’) and is not or should not be about other topics.


2014 ◽  
Author(s):  
John G. Conway ◽  
Scott R. Tindale

Author(s):  
Tess Wilkinson-Ryan

This chapter presents a framework for understanding the most promising contributions of psychological methods and insights for private law. It focuses on two related domains of psychological research: cognitive and social psychology. Cognitive psychology is the study of mental processes, which one might shorthand as “thinking.” Social psychology asks about the role of other people—actual, implied, or imagined—on mental states and human behavior. The chapter is oriented around five core psychological insights: calculation, motivation, emotion, social influence, and moral values. Legal scholarship by turns tries to explain legal decision-making, tries to calibrate incentives, and tries to justify its values and its means. Psychology speaks to these descriptive, prescriptive, and normative models of decision-making. The chapter then argues that psychological analysis of legal decision-making challenges the work that the idea of choice and preference is doing in private law, especially in the wake of the law and economics movement.


Daedalus ◽  
2018 ◽  
Vol 147 (4) ◽  
pp. 41-60
Author(s):  
Shari Seidman Diamond ◽  
Richard O. Lempert

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation's most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant expertise. Dissatisfaction with legal procedures is also a deterrent, but our respondents indicated that some procedural changes would make their participation more likely. In addition, participation appears to be associated with a greater belief in the ability of the legal system to deal well with scientific matters.


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