Strategic Judicial Decision Making
This survey paper starts from the basic, and intuitive, assumption that judges are human and as such, can be modeled in the same fashion we model politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. We explore, then, the role politics play in judicial decision-making. We provide a brief overview of what is called the "strategic approach," compare it to alternative approaches to understand judicial behavior, and offer some concluding thoughts about the future of positive analyses of judicial decision-making.
The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research.
Strategic Judicial Decision-making Pablo T. Spiller and Rafael Gely The Oxford Handbook of Law and Politics Print Publication Date: Aug 2008 Subject: Political Science, Law and Politics Online Publication Date: Sep 2009 DOI: 10.1093/oxfordhb/9780199208425.003.0003