The Strategic Analysis of Judicial Behavior: A Comparative Perspective

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Lee Epstein (Washington University, St Louis) Keren Weinshall (Hebrew University of Jerusalem)

The Strategic Analysis of Judicial Behavior

A Comparative Perspective

Lee Epstein (Washington University, St Louis), Keren Weinshall (Hebrew University of Jerusalem)

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English

Cambridge University Press
17 June 2021

Public administration; Law & society; Legal system: general

Series: Elements in Law, Economics and Politics

The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

By: Lee Epstein (Washington University St Louis), Keren Weinshall (Hebrew University of Jerusalem)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 225mm, Width: 150mm, Spine: 5mm
Weight: 100g
ISBN: 9781009048859
ISBN 10: 1009048856
Series: Elements in Law, Economics and Politics
Pages: 75
Publication Date: 17 June 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. Introduction; 2. Building Strategic Accounts; 3. Conducting Strategic Analysis; 4. Strategic Analysis in Action I: Internal Accounts; 5. Strategic Analysis in Action II: External Accounts; 6. Moving Forward.