By Lawrence Baum
ISBN-10: 0691138273
ISBN-13: 9780691138275
What motivates judges as choice makers? Political scientist Lawrence Baum bargains a brand new viewpoint in this an important query, a standpoint in accordance with judges' curiosity within the approval of audiences vital to them.The traditional scholarly knowledge holds that judges on better courts search basically to make sturdy legislation, strong coverage, or either. In those theories, judges are prompted by means of people basically in constrained methods, as a result in their criminal and coverage objectives. against this, Baum argues that the impact of judges' audiences is pervasive. This impression derives from judges' curiosity in recognition and admire, a motivation significant to most folk. Judges care concerning the regard of audiences simply because they prefer that regard in itself, not only as a method to different ends. Judges and Their Audiences makes use of examine in social psychology to make the case that audiences form judges' offerings in immense methods. Drawing on a huge variety of scholarship on judicial decision-making and an array of empirical facts, the booklet then analyzes the aptitude and real impression of numerous audiences, together with the general public, different branches of presidency, courtroom colleagues, the criminal career, and judges' social peers.Engagingly written, this booklet offers a deeper knowing of key matters bearing on judicial habit on which students disagree, identifies features of judicial habit that diverge from the assumptions of present types, and indicates how these types might be bolstered.
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Additional info for Judges and Their Audiences: A Perspective on Judicial Behavior
Example text
Goffman wrote that “the perspective employed in this report is that of the theatrical performance; the principles derived are dramaturgical ones” (1959, xi). One theatrical metaphor is reflected in the title of this book. Metaphors can easily obscure reality rather than illuminate it, but I think this one helps in understanding the process of self-presentation. With varying degrees of self-consciousness, people perform in ways intended to give other people the impressions they seek. Self-Presentation by Public Officials Goffman’s reference to “everyday life” in the title of his book is a reminder that the preponderance of psychological research deals with ordinary people in ordinary situations.
The Realism of the Dominant Models From this vantage point, all the leading models of judicial behavior share a limitation. Each model portrays Supreme Court justices (and, in some formulations, judges on other courts) as single-minded seekers of good legal policy, whether that means good policy or some combination of good law and good policy. If judges’ incentives to pursue this goal are less than overwhelming, and if other motivations are relevant to their work, then the accuracy of this portrayal is questionable.
Thinking about Judicial Behavior 19 Attractive as Mr. 17 LIMITATIONS OF THE DOMINANT MODELS The most influential models of judicial behavior share not only a basic assumption but also a limitation, the lack of a persuasive theory of judges’ motivations. Each model assumes that judges seek only to achieve good legal policy. Some scholars outside political science have identified motives for pursuing that goal, but these motives seem only moderately strong. Nor does this goal have monopoly status by default; there are other goals that could shape judges’ choices.