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How do we explain judges' decisions?
Electronic books. -- local. --- Judicial process -- Psychological aspects. --- Judicial process -- Social aspects. --- Judicial process -- United States. --- Political questions and judicial power -- United States. --- Judicial process --- Political questions and judicial power --- Law - U.S. - General --- Law - U.S. --- Law, Politics & Government --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Social aspects --- Psychological aspects --- Interpretation and construction --- Political aspects --- Social aspects. --- Psychological aspects.
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What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Law --- Judicial process --- Judges --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Psychological aspects. --- Psychology --- Psychological aspects
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The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state--Ohio--to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
Judges --- Political questions and judicial power --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Courts --- Election. --- Selection and appointment --- Legal status, laws, etc. --- Officials and employees --- Rechters --- Politiek en rechterlijke macht --- Selectie en aanstelling --- Verenigde Staten --- Verkiezingen
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Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
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