A third view of the black box: Cognitive coherence in legal decision making

D Simon - U. Chi. L. Rev., 2004 - HeinOnline
How do judges and jurors decide cases? Though obviously central to the law, the mental
processes for making decisions remain an opaque feature at the heart of legal discourse …

A psychological model of judicial decision making

D Simon - Rutgers LJ, 1998 - HeinOnline
This Article is an exploration of judicial reasoning as practiced at the appellate level in
American law. It puts forth a descriptive and analytical account from a psychological …

Missing pieces: A cognitive approach to law

P Schlag - Tex. L. Rev., 1988 - HeinOnline
They have in common their postulation of a world, at least a legal world, that is
fundamentally unorderly. They unite in repudiating the possibility or the existence of a rule of …

[图书][B] Thinking like a lawyer: a new introduction to legal reasoning

FF Schauer - 2009 - books.google.com
This primer on legal reasoning is aimed at law students and upper-level undergraduates.
But it is also an original exposition of basic legal concepts that scholars and lawyers will find …

A cognitive theory of juror decision making: The story model

N Pennington, R Hastie - Cardozo L. Rev., 1991 - HeinOnline
The goal of our research over the past ten years has been to develop a scientific description
of the mind of the juror as it is revealed in the legal decision-making process. Our conclusion …

Legal Reasoning and Coherence Theories: Dworkin's Rights Thesis, Retroactivity, and the Linear Order of Decisions

KJ Kress - Calif. L. Rev., 1984 - HeinOnline
Coherence and holistic theories of truth maintain that a proposi-tion is true if it fits sufficiently
well with other propositions held to be true. Philosophers developed coherence theories in …

[HTML][HTML] Interpretation and coherence in legal reasoning

J Dickson - 2001 - plato.sydney.edu.au
The subject of legal reasoning appears to occupy the more practical end of the spectrum of
jurisprudential theorising. Surely if anything matters in our attempts to understand law, it …

Transcendental nonsense, metaphoric reasoning, and the cognitive stakes for law

SL Winter - U. Pa. L. Rev., 1988 - HeinOnline
The law reviews are filled with debate about the very foundations of our discipline. What are"
rights"? How does one do" law"? Is it different from other forms of reason and debate, such …

Charting the influences on the judicial mind: An empirical study of judicial reasoning

GC Sisk, M Heise, AP Morriss - NYUL rev., 1998 - HeinOnline
Either it is not the same or it is not real-lack of comparability among cases or the absence of
authenticity are the Scylla and Charybdis of empirical study of judicial decisionmaking.'A …

[图书][B] Legal reasoning and legal theory

N MacCormick - 1994 - books.google.com
What makes an argument in a law case good or bad? Can legal decisions be justified by
purely rational argument or are they ultimately determined by more subjective influences …