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Judicial Decision-Making From An Empirical Perspective Cover

Judicial Decision-Making From An Empirical Perspective

Open Access
|Sep 2013

Abstract

The traditional theories of judicial decision-making have their differences set around the importance of logical, rule-bound, and step-by-step reasoning. For legal formalists, judicial decision-making is predominantly a logical and rule-bound process, and ideally it is a product of syllogistic reasoning. For original legal realists and their contemporary counterparts, judicial decision-making is rarely a logical, step-by-step, and rule-bound process; more often than not, it is better epitomized by intuitive decisions. For a long time this question remained open. The purpose of this article is accordingly twofold. First, by relying on empirical research on decision-making, we argue that logical and rule-bound judicial decision-making, although possible in theory, is highly unlikely in practice. Second, by relying on indirect empirical evidence, we show that judges are very likely to possess unexceptional decision-making skills even when it comes to aspects of decision-making that have not been specifically tested on judges.

Language: English
Page range: 140 - 162
Published on: Sep 5, 2013
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2013 Vitalius Tumonis, Mykolas Šavelskis, Inga Žalytė, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons License.