1-1 of 1 Results  for:

  • Keywords: judicial behavior x
  • Governance/Political Change x
Clear all

Article

Judicial Behavior  

Lee Epstein and Nicholas W. Waterbury

Once the sole province of U.S. scholars—and mostly political scientists at that—researchers throughout the world, drawing on history, economics, law, and psychology, are analyzing judicial behavior: why judges make the choices they do and what effect those choices have on society. How the field moved from a modest, niche project of political scientists working in the mid-20th century to the powerhouse it has become makes for an interesting story, marked by several key developments along the way. One is certainly the influx of scholars and theories from other disciplines that have supplemented and challenged existing knowledge. Other developments include the growing interest in judging from a comparative perspective; the massive improvements in data acquisition through technological advancements; and, perhaps most importantly, the sheer number of topics that now fall under the rubric of “judicial behavior.” Although the field has advanced markedly, much work remains. Many of the canonical theories of judicial behavior rest on the assumption that judges are rational, goal-oriented, actors. But decades’ worth of studies in social psychology, including experiments on judges, raise serious questions about the plausibility of this assumption. Should observational results converge with the experimental evidence, scholars must grapple with how to integrate insights from social psychology into the analysis of judicial behavior. On the empirical side, however notable the improvements in data infrastructure, most products ignore obvious objects of interest: the actual opinions produced by judges. Developing tools carefully calibrated to account for the unique ways judges develop and frame their work products presents yet another challenge. But it is one worth pursuing if only because of its potential to bring scholars closer to the goal of developing a fuller, more realistic conception of judicial behavior.