Ontology highlight
ABSTRACT:
SUBMITTER: Danziger S
PROVIDER: S-EPMC3084045 | biostudies-literature | 2011 Apr
REPOSITORIES: biostudies-literature
Danziger Shai S Levav Jonathan J Avnaim-Pesso Liora L
Proceedings of the National Academy of Sciences of the United States of America 20110411 17
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is "what the judge ate for breakfast" in sequen ...[more]