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Realistic Socio-Legal TheoryPragmatism and a Social Theory of Law$
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Brian Z. Tamanaha

Print publication date: 1999

Print ISBN-13: 9780198298250

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298250.001.0001

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Studies of Judicial Decision-Making

Studies of Judicial Decision-Making

Chapter:
(p.196) 7 Studies of Judicial Decision-Making
Source:
Realistic Socio-Legal Theory
Author(s):

Brian Z. Tamanaha

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298250.003.0007

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

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