Multiple Constraint Satisfaction in Judging
Jennifer K. Robbennolt
University of Illinois College of Law
University of California, Berkeley - School of Law; University of California, Berkeley - Jurisprudence and Social Policy Program; University of California, Berkeley - The Richard & Rhoda Goldman School of Public Policy
John M. Darley
May 14, 2008
Illinois Public Law Research Paper No. 08-22
UC Berkeley Public Law Research Paper No. 11333184
Different models of judicial decision making highlight particular goals. Traditional legal theory posits that in making decisions judges strive to reach the correct legal decision as dictated by precedent. Attitudinal and strategic models focuses on the ways in which judges further their preferred policies. The managerial model emphasizes the increasing caseload pressures that judges at all levels face. Each model accurately captures some of what every judge does some of the time, but a sophisticated understanding of judicial decision making should explicitly incorporate the notion that judges simultaneously attempt to further numerous, disparate, and often conflicting, objectives. We offer a preliminary account of a more psychologically plausible account of judicial cognition and motivation, based on principles of goal management in a constraint satisfaction network.
Number of Pages in PDF File: 19
Keywords: Judging; Judicial decision making
JEL Classification: K10, K20, K30, K40working papers series
Date posted: May 15, 2008
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