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Judicial opinion

About: Judicial opinion is a(n) research topic. Over the lifetime, 5300 publication(s) have been published within this topic receiving 64803 citation(s).


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Book

[...]

01 Jan 1990
TL;DR: This paper found that people obey the law if they believe it's legitimate, not because they fear punishment, which is the conclusion of Tom Tyler's classic study, "People obey law primarily because they believe in respecting legitimate authority".
Abstract: People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

3,763 citations

Book

[...]

26 Feb 1993
TL;DR: In this article, two leading scholars of the US Supreme Court and its policy making, systematically present and validates the use of the attitudinal model to explain and predict Supreme Court decision making.
Abstract: This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.

895 citations

Journal ArticleDOI

[...]

TL;DR: The authors empirically assesses two theories of why legal origin influences financial development, i.e., political and adaptation, and concludes that legal systems that adapt quic kly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions.
Abstract: A growing body of work suggests that cross-country differences in legal origin help explain differences in financial development. This paper empirically assesses two theories of why legal origin influences financial development. First, the "political" channel stresses that (i) legal traditions differ in the priority they give to the rights of individual investors vis-a-vis the state and (ii) this has repercussions for the development of property rights and financial markets. Second, the "adaptability" channel holds that (i) legal traditions differ in their ability to adjust to changing commercial circumstances and (ii) legal systems that adapt quic kly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions. We use historical comparisons and cross-country regressions to assess the validity of these two channels.

867 citations

Book

[...]

01 Jan 1984
TL;DR: Noelle-Neumann as mentioned in this paper examined public opinion as a form of social control in which individuals, almost instinctively sensing the opinions of those around them, shape their behaviour to prevailing attitudes about what is acceptable.
Abstract: In this work, Elisabeth Noelle-Neumann examines public opinion as a form of social control in which individuals, almost instinctively sensing the opinions of those around them, shape their behaviour to prevailing attitudes about what is acceptable. For the second edition, Noelle-Neumann has added three new chapters: the first discusses new discoveries in the history of public opinion; the second continues the author's efforts to construct a comprehensive theory of public opinion, addressing criticisms and defences of her "spiral of silence" theory that have appeared since 1980; the third offers a concise and updated summary of the book's arguments.

867 citations

Journal ArticleDOI

[...]

TL;DR: The common caricature of realism that justice is “what the judge ate for breakfast” in sequential parole decisions made by experienced judges is tested and suggests that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions.
Abstract: Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is “what the judge ate for breakfast” in sequential parole decisions made by experienced judges. We record the judges’ two daily food breaks, which result in segmenting the deliberations of the day into three distinct “decision sessions.” We find that the percentage of favorable rulings drops gradually from ≈65% to nearly zero within each decision session and returns abruptly to ≈65% after a break. Our findings suggest that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions.

771 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20223
202196
2020160
2019174
2018177
2017201