Strategic Analysis of Judicial Behavior

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Strategic Analysis of Judicial Behavior

A Comparative Perspective

Politics and government Public administration Economics, Finance, Business and Management Law and society, sociology of law Legal systems: general

Authors: Lee Epstein, Keren Weinshall

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Collection: Elements in Law, Economics and Politics

Language: English

Published by: Cambridge University Press

Published on: 17 June 2021

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781009058735


Introduction

The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions.

Strategic Decision-Making

On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices.

Future Opportunities

As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

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