Are judges' decisions more likely to be based on personal
inclinations or legal authority? The answer, Eileen Braman argues,
is both. Law, Politics, and Perception brings cognitive psychology
to bear on the question of the relative importance of norms of
legal reasoning versus decision markers' policy preferences in
legal decision-making. While Braman acknowledges that decision
makers' attitudes--or, more precisely, their preference for policy
outcomes--can play a significant role in judicial decisions, she
also believes that decision-makers' belief that they must abide by
accepted rules of legal analysis significantly limits the role of
preferences in their judgements. To reconcile these competing
factors, Braman posits that judges engage in "motivated reasoning,"
a biased process in which decision-makers are unconsciously
predisposed to find legal authority that is consistent with their
own preferences more convincing than those that go against them.
But Braman also provides evidence that the scope of motivated
reasoning is limited. Objective case facts and accepted norms of
legal reasoning can often inhibit decision makers' ability to reach
conclusions consistent with their preferences.
General
Imprint: |
University of Virginia Press
|
Country of origin: |
United States |
Series: |
Constitutionalism and Democracy |
Release date: |
October 2009 |
First published: |
October 2009 |
Authors: |
Eileen Braman
|
Dimensions: |
241 x 161 x 23mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
231 |
ISBN-13: |
978-0-8139-2829-6 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Jurisprudence & philosophy of law
|
LSN: |
0-8139-2829-X |
Barcode: |
9780813928296 |
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