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The Psychology of Judicial Decision Making$
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David E. Klein and Gregory Mitchell

Print publication date: 2010

Print ISBN-13: 9780195367584

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195367584.001.0001

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Multiple Constraint Satisfaction in Judging

Multiple Constraint Satisfaction in Judging

Chapter:
(p.27) 2 Multiple Constraint Satisfaction in Judging
Source:
The Psychology of Judicial Decision Making
Author(s):

Jennifer K. Robbennolt

Robert J. MacCoun

John M. Darley

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367584.003.0002

Different models of judicial decision making highlight particular goals. Traditional legal theory posits that in making decisions judges strive to reach the correct legal decision as dictated by precedent. Attitudinal and strategic models focuses on the ways in which judges further their preferred policies. The managerial model emphasizes the increasing caseload pressures that judges at all levels face. Each model accurately captures some of what every judge does some of the time, but a sophisticated understanding of judicial decision making should explicitly incorporate the notion that judges simultaneously attempt to further numerous, disparate, and often conflicting, objectives. This chapter offers a preliminary account of a more psychologically plausible account of judicial cognition and motivation, based on principles of goal management in a constraint satisfaction network.

Keywords:   decision making, judges, goals, goal management, constraint satisfaction

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