Literature Review of Judicial Behaviour Models
摘要
Judicial decision-making is not solely predicated on legal facts, applicable law, binding precedent, the notion of legal justice, or legal reasoning. In the field of judicial behaviour research, various models have been developed that incorporate a range of factors into their theoretical frameworks. This integration of multidisciplinary approaches, encompassing legal anthropology and organizational behaviour, has led to the emergence of novel research findings. The application of these methodologies has provided substantial evidence suggesting that additional unobserved factors may also influence a court’s judicial behaviour. The most common factors include external social conditions, internal group solidarity, organizational culture and strategic self-interest incentives on the part of the judge. The three common fundamental judicial behaviour models explain how judges reach a solution. The aforementioned factors can be categorized in three basic judicial behaviour models as historical, institutionalist, attitudinal and strategic.