Download Judges and Their Audiences: A Perspective on Judicial by Lawrence Baum PDF
By Lawrence Baum
What motivates judges as selection makers? Political scientist Lawrence Baum deals a brand new point of view in this the most important query, a point of view in line with judges' curiosity within the approval of audiences very important to them.The traditional scholarly knowledge holds that judges on larger courts search purely to make sturdy legislations, strong coverage, or either. In those theories, judges are prompted by way of people purely in constrained methods, as a result in their felony and coverage ambitions. by contrast, Baum argues that the impression of judges' audiences is pervasive. This impact derives from judges' curiosity in acceptance and recognize, a motivation crucial to most folks. Judges care concerning the regard of audiences simply because they prefer that regard in itself, not only as a way to different ends. Judges and Their Audiences makes use of examine in social psychology to make the case that audiences form judges' offerings in great methods. Drawing on a vast diversity of scholarship on judicial decision-making and an array of empirical facts, the ebook then analyzes the aptitude and real effect of a number of audiences, together with the general public, different branches of presidency, courtroom colleagues, the felony career, and judges' social peers.Engagingly written, this e-book offers a deeper realizing of key matters pertaining to judicial habit on which students disagree, identifies points of judicial habit that diverge from the assumptions of current versions, and indicates how these types will be reinforced.
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Extra resources for Judges and Their Audiences: A Perspective on Judicial Behavior
The chapter also considers the hypothesis of political conservatives that a “Greenhouse effect” has moved some Supreme Court justices to the left, a hypothesis that pulls together some themes concerning judges’ self-presentation to their audiences. Chapter 6 examines the ways that an audience-based perspective can inform our understanding of judges’ choices. Drawing on the discussions in earlier chapters, it suggests how to incorporate the book’s inquiries into the study of judicial behavior. As in the book as a whole, I argue that drawing out the implications of relationships between judges and their audiences will lead to richer explanations of that behavior.
1 Arguably, the importance of self-esteem is not universal but a product of culture. Americans may be more concerned with themselves and with self-esteem than people in some other cultures (Hewitt 1998, ch. 2). Because this book is speciﬁcally about judges in the United States, that issue need not be addressed here. Judging as Self-Presentation 27 Much of the research in social psychology implicitly treats the impact of social relations as a constant across individuals. In contrast, some scholars suggest that people differ in the balance between autonomy and interdependence (Triandis 1989; Markus and Oyserman 1989).
Most directly, multiple judges participate in formulating judicial policy on an issue. An appellate judge faces limits imposed by the actions of colleagues and other courts. Justice William Brennan was widely regarded as someone who could exert signiﬁcant inﬂuence over his fellow justices (Eisler 1993), but in the increasingly conservative Court of the 1970s and 1980s he won fewer and fewer victories. Further, research on the implementation of judicial decisions has underlined the central role of nonjudicial actors in shaping the ultimate impact 16 Chapter 1 of decisions (Rosenberg 1991; Canon and Johnson 1999).