Judicial decisions result from attitudes, role conceptions, and institutional constraints interacting together.
Evidence
The attitudes of judges determine what they want to do; their role conceptions— that is, their conceptions of proper judicial behavior—affect what judges believe they ought to do; and public opinion and the institutional context in which they operate circumscribe what judges find it feasible to do. — G. Alan Tarr, Judicial Process and Judicial…, 1286
Categorization
- DEFINE: Defines the three-factor model (attitudes, role conceptions, feasibility) that frames the attitudinal/role approach to judicial decision making.
- XREF: connects to: The law rarely dictates outcomes, so judges’ political views decide most cases. — G. Alan Tarr, Judicial Process and Judicial…, 1283; Judicial discretion, though freedom-like, remains disciplined by tradition, analogy, and system. — G. Alan Tarr, Judicial Process and Judicial…, 1295; Justices’ ideological outlooks directly produce their voting patterns. — G. Alan Tarr, Judicial Process and Judicial…, 1312 (+24 more)
Broader Connections
- Legal training and role orientation partially neutralize judges’ personal beliefs
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1366 - Judicial decisions are governed by beliefs about facts and rules
#expands(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160 - A complete account of judging combines legal rules with attitude-influenced discretion
#qualifies(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 2649 - Judges’ role conceptions can override their personal moral beliefs in voting
#qualifies(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 1325 - Judicial decisions blend clear-law obedience with attitude-driven choice in ambiguous cases
#qualifies(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1365 - Judges’ politics, gender, and family shape their rulings empirically
#expands(0.80) - Regional political culture shapes the attitudes judges bring to the bench
#expands(0.78) — G. Alan Tarr, Judicial Process and Judicial…, 2576 - The legal perspective holds law as the primary determinant of judicial decisions
#qualifies(0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1360 - Generational events shape judicial attitudes along with everyone else’s.
#expands(0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1306 - Judges’ personal attributes and even trivial bodily states can shape decisions
#expands(0.75) - Court structure shapes which policy issues a supreme court can address.
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 441 - Norms of proper judicial conduct vary across courts and over time
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2610 - Court structural reforms produce diverse and often unanticipated governance effects
#expands(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 459