How social identity and social diversity affect judging

Abstract Judges like to claim that they are impartial decision-makers fully capable of suppressing their personal proclivities, as the rule law requires. But a century’s worth studies undermines view. Going under name ‘judicial behaviour’, this vast literature shows many extraneous (non-legal) factors affect choices judges make. This article focuses on one strand – effect characteristics judging, with emphasis social identity and diversity. We show is bifurcated: focusing individual (such gender, race, nationality) generate findings consistent in-group bias, whereas research diversity sitting in panels suggests benefits can accrue from socially diverse courts. What two sets have common, though, just important: both could make profound academic policy contributions but require far more development if realize potential. offer proposals for forward movement.