A complete account of judging combines legal rules with attitude-influenced discretion

Evidence

Which of these accounts of judicial decision making is more accurate? Unfortunately, the question has no clear-cut answer. Judges may differ in the extent to which their political and other attitudes affect their interpretation of the law and their decisions. In addition, the influence of such attitudes may vary from case to case, depending upon the facts and issues involved. Thus the best account of judicial decision making may incorporate both legal and extralegal factors. It seems reasonable to assume that judges take their oath to dispense equal justice under law seriously. Thus, when the law is clear, judges can be expected to follow it. As the Legal Realists have shown, however, often the law is not clear, and the judge must choose between two plausible legal arguments. Though judges recognize that they must choose the stronger legal argument, their perception of the facts of the case and the strength of the competing arguments is influenced by their experience and beliefs. Their choices, then, cannot be divorced from their attitudes. — G. Alan Tarr, Judicial Process and Judicial…, 2649

Categorization

• XREF: Builds on the legal-vs-political debate and realism from previous chapters; synthesizes the three perspectives. — connects to: Legal training and role orientation partially neutralize judges’ personal beliefs — G. Alan Tarr, Judicial Process and Judicial…, 1366; Hidden value judgments, not logic, drive key judicial decisions — G. Alan Tarr, Judicial Process and Judicial…, 2550; Judicial decisions result from attitudes, role conceptions, and institutional constraints interacting together. — G. Alan Tarr, Judicial Process and Judicial…, 1286 (+12 more)
• DEFINE: Frames how the textbook reconciles legal formalism with political-science accounts of judging.

Broader Connections

• Judges rely on personal values when competing legal principles are evenly balanced #exemplifies (0.95) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 156
• Judges’ personal attributes and even trivial bodily states can shape decisions #expands (0.90)
• Judge attributes beyond the law shape judicial outcomes #expands (0.82) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 746
• Judging requires selecting relevant facts and evaluating relative values #expands (0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 165
• Common-law principles help judges determine if case differences are significant #expands (0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 715
• Judges’ attitudes cannot be reliably inferred from opinion rhetoric #qualifies (0.75) — Richard A. Posner, What Has Pragmatism to Offer Law?, 120