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The Puzzle of Judicial Behavior (Paperback, New)
Loot Price: R786
Discovery Miles 7 860
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The Puzzle of Judicial Behavior (Paperback, New)
Series: Analytical Perspectives on Politics
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From local trial courts to the United States Supreme Court, judges'
decisions affect the fates of individual litigants and the fate of
the nation as a whole. Scholars have long discussed and debated
explanations of judicial behavior. This book examines the major
issues in the debates over how best to understand judicial behavior
and assesses what we actually know about how judges decide cases.
It concludes that we are far from understanding why judges choose
the positions they take in court.
Lawrence Baum considers three issues in examining judicial
behavior. First, the author considers the balance between the
judges' interest in the outcome of particular cases and their
interest in other goals such as personal popularity and lighter
workloads. Second, Baum considers the relative importance of good
law and good policy as bases for judges' choices. Finally Baum
looks at the extent to which judges act strategically, choosing
their own positions after taking into account the positions that
their fellow judges and other policy makers might adopt. Baum
argues that the evidence on each of these issues is inconclusive
and that there remains considerable room for debate about the
sources of judges' decisions. Baum concludes that this lack of
resolution is not the result of weaknesses in the scholarship but
from the difficulty in explaining human behavior. He makes a plea
for diversity in research.
This book will be of interest to political scientists and scholars
in law and courts as well as attorneys who are interested in
understanding judges as decision makers and who want to understand
what we can learn from scholarly research about judicial behavior.
Lawrence Baum is Professorof Political Science, Ohio State
University.
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