Hidden value judgments, not logic, drive key judicial decisions

Evidence

“The language of the judicial decision is mainly the language of logic… Behind the logical form lies a judgment as to the relative worth and importance of competing legislative grounds, often an inarticulate and unconscious judgment, it is true, and yet the very root and nerve of the whole proceeding.” — G. Alan Tarr, Judicial Process and Judicial…, 2550

Categorization

• XREF: connects to: Dissents on multimember courts cannot be explained by legal factors alone — G. Alan Tarr, Judicial Process and Judicial…, 2561; A complete account of judging combines legal rules with attitude-influenced discretion — G. Alan Tarr, Judicial Process and Judicial…, 2649; Judicial rulings have policy consequences yet judges should not impose their own policy views — G. Alan Tarr, Judicial Process and Judicial…, 2688 (+21 more)

Broader Connections

• Logic tests the validity of propositions after value judgments drive decisions #corroborates (0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 95
• Judges make hidden factual assumptions that parties cannot challenge #corroborates (0.85) — Frederick Schauer, Thinking Like a Lawyer, 397
• Legal outcomes depend on variable choices and value judgments rather than absolutes. #corroborates (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 752
• Legal critique often masks a disagreement over underlying value judgments. #corroborates (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451
• Judicial decisions are governed by beliefs about facts and rules #corroborates (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160
• Judge attributes beyond the law shape judicial outcomes #corroborates (0.80) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 746
• Legal reasoning yields probability rather than absolute mathematical truths #corroborates (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 242
• Judges’ personal attributes and even trivial bodily states can shape decisions #corroborates (0.75)