October 2015

21 Oct 15 0309
The latest issue of the Proceedings of the National Academy of Sciences contains a fascinating article entitled Extraneous Factors in Judicial Decisions:

Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is “what the judge ate for breakfast” in sequential parole decisions made by experienced judges.

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