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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state

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The Behavior of Federal Judges - A Theoretical and Empirical Study of Rational Choice (Hardcover) Loot Price: R1,276
Discovery Miles 12 760
The Behavior of Federal Judges - A Theoretical and Empirical Study of Rational Choice (Hardcover): Lee Epstein, William M....

The Behavior of Federal Judges - A Theoretical and Empirical Study of Rational Choice (Hardcover)

Lee Epstein, William M. Landes, Richard A. Posner

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Loot Price R1,276 Discovery Miles 12 760 | Repayment Terms: R120 pm x 12*

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Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made.

The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional legalist theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As "The Behavior of Federal Judges" demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes."

General

Imprint: Harvard University Press
Country of origin: United States
Release date: 2013
First published: 2013
Authors: Lee Epstein • William M. Landes • Richard A. Posner
Dimensions: 235 x 156 x 33mm (L x W x T)
Format: Hardcover - Cloth over boards / With printed dust jacket
Pages: 440
ISBN-13: 978-0-674-04989-5
Categories: Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
LSN: 0-674-04989-6
Barcode: 9780674049895

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