Judicial Decision Making

Course Description

This course examines judicial conduct and decision making from a social science perspective. Relying on the general literature of judgment and choice, as well as specific studies of judges, we identify cognitive, social, and cultural factors that affect judicial decision making. We also consider whether judges make decisions in the same manner as people in ordinary circumstances. Most readings are derived from theoretical and empirical studies of judgment and choice, but some involve primary research of judges and courtroom behavior. Study of this literature will enable students to identify whether and how non-legal factors may influence individual and group judicial decisions. They also will consider more generally how these studies might be useful to the judiciary and practitioners. Finally, the students will explore a specific topic of their choice -- using empirical or social science studies -- to write a paper related to judicial conduct and/or decision making. This course will complement the traditional use of appellate opinions in casebooks. Rather than viewing judicial decisions as the product only of logic, statutory interpretation, and public policy, it will provide additional perspectives based on cognitive and social research done in the past forty years on judgment and choice. The course will not address social science studies of the United States Supreme Court. The course will be of direct interest to students planning a legal career that includes courtroom practice. It will be sufficiently broad, however, that students generally interested in the development of law or legal institutions will gain substantive and methodological knowledge to assist them in those areas. Finally, to follow the lead of Nobel Laureate Daniel Kahneman, \"I hope to enrich the vocabulary that people use when they talk about the judgments and choices of others.\"

Code

LAW 651C

Credits

2

Subject

Law