The Oxford Handbook of Comparative Judicial Behaviour
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 November 2024
- ISBN 9780192898579
- Binding Hardback
- No. of pages1040 pages
- Size 250x176x52 mm
- Weight 2142 g
- Language English 1052
Categories
Short description:
Court decisions have immediate consequences for the involved parties, but they often also have wider societal implications. In this Handbook, a renowned and international group of researchers draw on history, economics, law, and psychology to analyse how and why judges make the choices they do and what effect those choices have on society.
MoreLong description:
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars?and mostly political scientists at that?now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society.
Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals?providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour?dedicated to expanding on opportunities for advancement.
Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.
Other essays in the volume are just as illuminating. As befits a work published under the Handbook rubric, this tome is very wide-ranging in its coverage of the subject. OUP deserves credit for encouraging such works.
Table of Contents:
1 - Fundamentals
Introduction to the Study of Comparative Judicial Behaviour
Legal Traditions and Their Relation to Judicial Behavior
Models of Constitutional Review
The Global Expansion of Judicial Power
Transcending the Domestic-International Divide
2 -Approaches to Judging
Legalism and Professional Norms
Attitudinal Judging: Partisanship and Ideology
Backgrounds, Attributes, and Identities
Strategic Analysis
How Personal Motivations Affect Judges' Decisions
Research on Cognitive Shortcomings in Comparative Judicial Behavior
3 - Data, Methods, and Technologies
Observational Databases
Experiments
Network Analysis for the Comparative Study of Judicial Behavior
Studying Judicial Behavior with Text Analysis
Measuring Political Preferences
4 - Staffing the Courts
Selecting Judges
Judicial Elections and Judicial Behavior
Judicial Tenure and Retirements
Law Clerks
5 - Advocacy, Litigation, and Appellate Review
Lawyering in the Private Sector
Agendas, Decisions, and Autonomy: How Government Lawyers Shape Judicial Behavior
Agenda Setting
The Form and Function of Oral Arguments in High Courts
6 - Opinions
Dissents and Other Separate Opinions
Studying Judicial Citations and Citation Data
Language Choices
7 - Relations Within, Between, and Among Courts
Leadership in Courts
Panel Effects on Courts Around the World
Referrals
Judge Networks
Hierarchies of Justice
8 - Judicial Independence
Threats to Judicial Independence
Developing Judicial Independence
Conceptualizing and Measuring Judicial Independence
9 - Courts and Society
Public Opinion and Legitimacy
Courts and Transitional Justice
Compliance with Judicial Decisions
Courts as Agents of Change
10 - On the Frontiers of Comparative Judicial Behavior
The Conceptual Challenge to Measuring Ideology
Research Communities and the Collective Investment in Data Infrastructure
Artificial Intelligence and Judging
