Chapter

Judges as Embedded Negotiators

Shylashri Shankar

in Scaling Justice

Published in print February 2009 | ISBN: 9780195693201
Published online October 2012 | e-ISBN: 9780199081998 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195693201.003.0001
Judges as Embedded Negotiators

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This chapter explores the potential of the legal, attitudinal, and institutional approaches to understanding judicial decision-making. It also emphasises the positive and negative elements of each approach and reviews the ‘embedded negotiator’ approach. The applicability of these approaches in understanding the behaviour of India's Supreme Court judges on security laws and social rights is investigated. Embedded negotiator approach has four elements that affect choices: laws, institutional experience or norms, political preferences, and public concerns. It then evaluates why a probability mode of analysis is useful in understanding judicial choices. The focus on judgments is useful because it helps in the understanding of the nature of choices made and conditions influencing those choices in two sets of rights.

Keywords: judicial decision-making; India; Supreme Court judges; security laws; social rights; legal approach; attitudinal approach; embedded negotiator approach

Chapter.  11837 words. 

Subjects: Human Rights and Immigration

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