The Judge, the Judiciary and the Court
The Judge, the Judiciary and the Court

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 341

ISBN-13: 1108852041

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The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.

The Judge, the Judiciary and the Court
The Judge, the Judiciary and the Court

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 341

ISBN-13: 1108494617

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Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.

The Judge, the Judiciary and the Court
The Judge, the Judiciary and the Court

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2023-02-16

Total Pages: 0

ISBN-13: 9781108796712

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The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.

Judges and Their Audiences
Judges and Their Audiences

Author: Lawrence Baum

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 246

ISBN-13: 140082754X

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What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.

The Behavior of Federal Judges
The Behavior of Federal Judges

Author: Lee Epstein

Publisher: Harvard University Press

Published: 2013-01-07

Total Pages: 491

ISBN-13: 0674070682

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Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

How Judges Think
How Judges Think

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2010-05-01

Total Pages: 399

ISBN-13: 0674033833

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

The Judges
The Judges

Author: Martin Mayer

Publisher: Truman Talley Books

Published: 2014-01-07

Total Pages: 407

ISBN-13: 1466862084

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Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence"--one that this book pierces. We have 30,000 judges. Many are hard-working and distinguished jurists; most are simply lawyers who knew a politician. It does not help that the job pays poorly. We have no judicial profession: we do not train judges before or after they mount the bench. There is no national court system. Fifty sovereign states, a federal government, counties and municipalities and state and federal agencies all have their own courts, their own rules and not infrequently their own laws and are deluged with cases filed by a million lawyers. Today, less than 3% of criminal charges and 4% of civil disputes are resolved by court trials. The noted author argues that a specialized world demands specialized courts and judges expert in the subjects they must consider. Following the leadership of Chief Judge Judith Kaye of New York's highest court, the Conference of Chief Justices from all fifty states has endorsed her use of "problem-solving courts" to take the judiciary into the twenty-first century. The Judges is Martin Mayer's most important book from many successful titles dating from the 1950s. It opens up a debate that will occupy scholars, justices, many of the one million lawyers in our country, and law school professors and students for years to come.