منابع مشابه
Extraneous factors in judicial decisions.
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings...
متن کاملJudicial Politics and Sentencing Decisions∗
Racial and gender disparities are prevalent in the criminal justice system, but the sources of these disparities remain largely unknown. This paper investigates whether judge political affiliation contributes to these disparities using data on over 500,000 federal defendants linked to sentencing judge. Exploiting random case assignment, we find that Republican appointed judges sentence black de...
متن کاملA Theory of Judicial Deference
In many instances, appellate courts defer to lower courts and administrative agencies; the appellate court allows the other agent’s decision to stand even though the appellate court has strong reason to believe that decision incorrect. We provide a model in which such deference is rational. Our model is set in a two-dimensional case space. One dimension reflects "global" facts that are known to...
متن کاملSalience Network Activity in Perceptual Decisions
The dorsal anterior cingulate cortex (dACC) and the anterior insulae (AIs) are coactivated in various perceptual decision-making (PDM) tasks and form the salience network (SN): a key network in sensory perception and the coordination of behavioral responses. However, what the functional role of SN is, how these key SN nodes interact with each other to form a network in a perceptual decision, an...
متن کاملWeighing and Balancing in the Justification of Judicial Decisions
In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumenation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological...
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ژورنال
عنوان ژورنال: The Journal of Legal Studies
سال: 2015
ISSN: 0047-2530,1537-5366
DOI: 10.1086/676007