19 Pages Posted: 15 May 2008
Date Written: May 14, 2008
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.
Keywords: Judging; Judicial decision making
JEL Classification: K10, K20, K30, K40
Suggested Citation: Suggested Citation
Robbennolt, Jennifer K. and MacCoun, Robert and Darley, John M., Multiple Constraint Satisfaction in Judging (May 14, 2008). Illinois Public Law Research Paper No. 08-22; UC Berkeley Public Law Research Paper No. 11333184. Available at SSRN: https://ssrn.com/abstract=1133184 or http://dx.doi.org/10.2139/ssrn.1133184