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Values in the Supreme Court: Decisions, Division and Diversity

Values in the Supreme Court: Decisions, Division and Diversity

Name: Values in the Supreme Court: Decisions, Division and Diversity
Brand: Hart Publishing
SKU: 9781509921850
Price: 1071.85 HKD
Availability: InStock
Author: Rachel J. Cahill-O'Callaghan
ISBN: 9781509921850

By Rachel J. Cahill-O'Callaghan

Hart Publishing February 2020

Specifications

ISBN-13: 9781509921850
Publisher: Hart Publishing
Publication: February 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary.

The book examines those cases which divide judicial opinion, Dworkin’s hard cases “in which the result is not clearly dictated by statute or precedent”. In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments.

1. A Theoretical Framework for a Role of Values in Judicial Decisions

I. Judicial Discretion and the Exercise of Choice in Uncertain Decisions

II. Defining Values

III. A Foundation for the Role of Values, Uncertainty and Intuition in Judicial Decision Making

IV. Evidence of Instinct and Values in the Supreme Court

V. Constraint on the Influence of Values

2. Finding Values in Legal Judgments: A Model and a Method

I. A Psychological Model of Personal Values

II. A Note on the Selection of Judgments: Hard Cases in the UK Supreme Court

III. A Method to Identify Values in Legal Judgments

IV. Values in Legal Judgments – Examples

V. Limits of the Coding Scheme

3. The Value:Decision Paradigm: Validating the Method

I. The Case – R (on the Application of E) v JFS Governing Body [2009]

II. Are the Values Affirmed by Opposing Decisions Reflective of Intrinsic Personal Values? The Experiment

4. Does the Value:Decision Paradigm Apply to all Indeterminate Cases? Division, Dissent and Judicial Values

I. Defining Dissent and Division

II. Division in the UK Supreme Court

III. What Motivates Dissent?

IV. The Psychology of Dissent

V. Case Selection and Analysis

VI. Values in Cases which Divided Judicial Opinion

VII. Values, Division and the Subject Matter of the Case

VIII. The Value:Decision Paradigm in Cases with a Single Dissent

IX. Concurring Judgments in Consensus Decisions – Another Form of Disagreement

X. Division, Dissent, Uncertainty and Values

5. Values and Individual Decision Making: Diversity of Values and Consistency in Decisions

I. The Role of the Individual in Judicial Decisions

II. Individual Difference – Tacit Diversity in Judicial Decision Making

III. Diversity of Values in the Supreme Court

IV. Values Priorities Reflected in Judicial Decisions

V. The Value:Decision Paradigm in Individual Legal Decision Making

VI. Individual Values and Decisions

6. Values and Panel Decision Making: Shared Value Priorities and Agreement in Hard Cases

I. Agreement in the UK Supreme Court

II. Calculating Agreement in the Supreme Court

III. Shared Judicial Value Priorities

IV. Values and Agreement in Cases which Divide Judicial Opinion

V. Values and Agreement in the Supreme Court

7. The Role of Values in Judicial Decision Making in the UK Supreme Court

I. Transparency

II. Judicial Diversity

III. Judicial Appointment

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Table of Contents

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