Chapter

Studies of Judicial Decision-Making

Brian Z. Tamanaha

in Realistic Socio-Legal Theory

Published in print July 1999 | ISBN: 9780198298250
Published online March 2012 | e-ISBN: 9780191685392 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198298250.003.0007

Series: Oxford Socio-Legal Studies

Studies of Judicial Decision-Making

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This chapter focuses on a social scientific understanding of judicial decision making. Social Scientific analysis of judicial decision making would show that the social and institutional environment surrounding a judge is an important variable in understanding how he decides a certain case. The social environment consists of the general community and the legal community such as his fellow judges, lawyers and legal staff. The institutional environment is made up of the vertical and the immediate components. The vertical component refers to the place or stature of the judge's court in the whole legal system. The immediate component refers to the surrounding environment that led to such decision such as negotiations, deliberations with their fellow judges and even media pressure.

Keywords: judicial decision making; social environment; institutional environment; vertical component; immediate component

Chapter.  13593 words. 

Subjects: Jurisprudence and Philosophy of Law

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