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Author : Theodore Lewis Becker
Publisher :
ISBN 13 :
Total Pages : 422 pages
Book Rating : 4.:/5 (717 download)
Download or read book Toward a Working Theory of Judicial Decision-making written by Theodore Lewis Becker and published by . This book was released on 1964 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Wasserstrom
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Judicial Decision written by Richard A. Wasserstrom and published by . This book was released on 1961 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Theodore Lewis Becker
Publisher :
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.F/5 ( download)
Download or read book Political Behavioralism and Modern Jurisprudence written by Theodore Lewis Becker and published by . This book was released on 1964 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David E. Klein
Publisher : Oxford University Press
ISBN 13 : 0199710139
Total Pages : 355 pages
Book Rating : 4.1/5 (997 download)
Download or read book The Psychology of Judicial Decision Making written by David E. Klein and published by Oxford University Press. This book was released on 2010-02-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
Author : Roy Lavon Brooks
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.F/5 ( download)
Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Author : Alexander Nikolaevich Shytov
Publisher : Springer Science & Business Media
ISBN 13 : 9401597456
Total Pages : 377 pages
Book Rating : 4.4/5 (15 download)
Download or read book Conscience and Love in Making Judicial Decisions written by Alexander Nikolaevich Shytov and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Author : Glendon A. Schubert
Publisher : Free Press
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Decision-making written by Glendon A. Schubert and published by Free Press. This book was released on 1963 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael R. Gottfredson
Publisher : Springer Science & Business Media
ISBN 13 : 1475799543
Total Pages : 318 pages
Book Rating : 4.4/5 (757 download)
Download or read book Decision Making in Criminal Justice written by Michael R. Gottfredson and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Author : Timothy Mark Hagle
Publisher :
ISBN 13 :
Total Pages : 486 pages
Book Rating : 4.3/5 (129 download)
Download or read book A Cognitive-cybernetic Theory of Judicial Decision Making written by Timothy Mark Hagle and published by . This book was released on 1988 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rachel J. Cahill-O'Callaghan
Publisher : Hart Publishing
ISBN 13 : 9781509921881
Total Pages : pages
Book Rating : 4.9/5 (218 download)
Download or read book Values in the Supreme Court written by Rachel J. Cahill-O'Callaghan and published by Hart Publishing. This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
Author : Valeria Giordano
Publisher : G Giappichelli Editore
ISBN 13 : 8892108743
Total Pages : 129 pages
Book Rating : 4.8/5 (921 download)
Download or read book Judicial decision-making written by Valeria Giordano and published by G Giappichelli Editore. This book was released on 2017-03-30 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tracy Goss Wolf
Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.:/5 (323 download)
Download or read book Toward a Justification Theory of Judicial Decisions written by Tracy Goss Wolf and published by . This book was released on 1994 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel J. Lytle
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.:/5 (861 download)
Download or read book Decision Making in Criminal Justice Revisited written by Daniel J. Lytle and published by . This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of correlates of decision-making has been an important and integral part of criminal justice research. While this important research has been studied largely since the conception of criminal justice research, the attempts to take stock and determine what the body of research collectively "knows" has been limited. These limitations have included both the method of synthesis and also the focus of the synthesis. Traditionally, criminal justice scholars have taken stock of correlate research by using narrative literature review techniques. While this research does make some contribution to the field, it is flawed because of the inherent problems in all narrative reviews, namely, double counting studies, and the subjective nature of narrative reviews. The flaw has been that reviews have focused on a few important variables, race and gender, and not on a more comprehensive view. This dissertation seeks to expand upon the current state of correlates of decision-making research by conducting a meta-analysis to examine decision making across the system, specifically, arrest, sentencing, and parole revocation. Results indicated that several variables are important at multiple stages of the criminal justice system. These predictors are both legal and extra-legal variables, legal predictors of decision-making included seriousness of the offense, and the offender's prior criminal record, while extra-legal predictors of decision-making included race, gender, and ethnicity. These findings were not mitigated by moderating factors, but instead persisted across moderator categories. In addition to system-wide correlates, there were several factors, which were unique to a specific decision point, these included, at arrest, suspect demeanor, and, at sentencing, mode of conviction.
Author : Sean Curley
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (16 download)
Download or read book Lord Denning written by Sean Curley and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)
Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Author : Edward J. Balleisen
Publisher : Cambridge University Press
ISBN 13 : 0521118484
Total Pages : 579 pages
Book Rating : 4.5/5 (211 download)
Download or read book Government and Markets written by Edward J. Balleisen and published by Cambridge University Press. This book was released on 2010 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs, and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences.
Author : Mary L. Volcansek
Publisher : Rowman & Littlefield
ISBN 13 : 1538104733
Total Pages : 249 pages
Book Rating : 4.5/5 (381 download)
Download or read book Comparative Judicial Politics written by Mary L. Volcansek and published by Rowman & Littlefield. This book was released on 2019-02-18 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Judicial Politics synthesizes the now extensive scholarly work on judicial politics from around the world, focusing on legal traditions, lawyers, judges, constitutional review, international and transnational courts, and the impact and legitimacy of courts. It offers typologies where relevant and intentionally raises questions to challenge readers’ preconceptions of “best” practices.
