Extraneous factors in judicial decisions Danziger, Shai; Levav, Jonathan; Avnaim-Pesso, Liora
Proceedings of the National Academy of Sciences - PNAS,
04/2011, Letnik:
108, Številka:
17
Journal Article
Recenzirano
Odprti dostop
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. We test the common caricature of realism that justice is "what the judge ate for breakfast" in sequential parole decisions made by experienced judges. We record the judges' two daily food breaks, which result in segmenting the deliberations of the day into three distinct "decision sessions." We find that the percentage of favorable rulings drops gradually from almost equal to65% to nearly zero within each decision session and returns abruptly to almost equal to65% after a break. Our findings suggest that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions.
iiiState judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key ...part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases.
Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters reframes debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.
Brian Dickson Sharpe, Robert J; Roach, Kent
Brian Dickson,
2003, 20150201, 2003, 2003-12-15
eBook
"When Brian Dickson was appointed in 1973 to the Supreme Court of Canada, it was largely preoccupied with run-of-the-mill disputes. By the time he retired as chief justice in 1990, the Court had ...become a major national institution, very much in the public eye. The Court's decisions, particularly those concerned with reforming large areas of private and public law under the Charter of Rights and Freedoms, were the subject of intense public interest and concern." "Brian Dickson played a leading role in this transformation. In this biography, Robert Sharpe and Kent Roach trace Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada, and high judicial office during a critical period in the history of the Supreme Court. Dickson played an important part in the evolution of the Canadian judiciary and of Canada itself. Engaging and incisive, Brian Dickson: A Judge's Journey presents a compelling study of one of Canada's greatest legal figures while offering new insights into the work of Canada's highest court."--Jacket.
This study approaches the extent to which the rules of incompetency, displacement and disqualification apply to the judges of the administrative judiciary courts in Jordan and France. In fact, the ...current study demonstrated the extent of adequacy and suitability of application of the cases of incompetency, displacement and disqualification provided for in the Jordanian Civil Procedures Law to the judges of the administrative judiciary courts and stating at the party competent to entertain the request to displace the administrative judge as well as the measures to file the application of displacement. Actually, the issue of the study lies in having the Jordanian administrative legislator not regulate the cases of the incompetency, displacement and disqualification of the judges of the administrative judiciary courts while the study sought to satisfy all the inquiries raised about the incompetency, displacement and disqualification. In fact, the study concluded several results and the necessity to establish a dual judiciary system by adopting the judiciary regulation style of France. In addition, the study suggests the need for the Jordanian Constitutional Court to reverse its interpretive decision in which it considered the administrative courts as being an integral part of the justice courts. This is in addition to dedicating special provisions in the wording of the Administrative Law to handle the reasons of the incompetency, displacement and disqualification as adopted by the French Administrative Judiciary Law and the French Judiciary Ethics Charter, as the administrative judiciary aims at ensuring the attainment of the principle of legitimacy.
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they ...mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of ...women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa-derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that ‘the woman judge’ does not exist.
This early Pentecostal reception history aims to locate the book of Judges within the Pentecostal context and to discover the effects of the book on the tradition’s theology and practice. The study ...examines North American periodicals (plus Confidence, a British publication) from the beginning of 1906 (the start of the Azusa St. revival) to the end of 1925, a period that historian Walter J. Hollenweger describes as the “heart” of the Pentecostal movement. These early voices help to shape a Pentecostal approach to the book of Judges as they show how this segment of the first generation of Pentecostals struggled with issues such as paradigms of leadership, the necessity of Spirit empowerment, the role of women in ministry and the relationship between purity and power. The testimonies, sermons and articles reviewed here demonstrate that some early Pentecostals identified with the stories and characters in Judges and appropriated them to the Pentecostal context. https://doi.org/10.17159/2312-3621/2022/v35n3a8
A new analysis of lines 7-14 of the tabula ex lege municipii Tarentini, which regulate the provision of guarantees by the magistrates of the municipality of Tarentum, allows to defend their ...traditional interpretation and to see in this epigraphic source a valuable attestation of the figure of the praes pro se.
A pesar del reconocimiento realizado en el artículo 24 de la Constitución al derecho al juez ordinario predeterminado por la ley, con demasiada frecuencia se producen ataques al mismo. El contenido ...esencial del derecho no sólo implica la existencia de una norma legal para la creación de un órgano jurisdiccional, sino que además abarca necesariamente otros elementos para que el derecho despliegue todo su campo de actuación. Así pues, el derecho al juez ordinario predeterminado por la ley debe incluir también la determinación genérica y apriorística de la competencia, así como la predeterminación legal de las normas de composición del órgano. Estos tres últimos aspectos son los que se consideran en este trabajo para poner de manifiesto el número sorprendente de situaciones en que la jurisdicción y competencia de los jueces intenta ser manipulada. En concreto, se detallan las maniobras sospechosas enfocadas directa o indirectamente a falsear el contenido de esas tres garantías en los cuarenta años de la existencia del derecho en la Constitución. Paralelamente se da cuenta de la jurisprudencia constitucional y europea sobre las tres garantías, siendo particularmente desconocida esta última, la del Tribunal Europeo de Derechos Humanos. Con todo ello se intenta contribuir a la preservación de la independencia real de nuestros órganos jurisdiccionales.
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