The status and validity of judicial hunch

Document Type : Original Article

Authors

1 Assistant Professor at Justice University

2 Ph.d in Private Law at Justice University

Abstract

Decision-making styles are various among the judges. Each judge follows a unique mental structure and pattern to reach a decision which this pattern is revealed by decision making in relation to many other factors. The root of this difference is because Judges make their decisions based on the characteristics of emotional intelligence, personality-psychic, tacit knowledge, and perception of various phenomena, attitudes or experiences and special strategies that acquired during the judicial practice. The term that is called "Judicial hunch" in addition, it is in the style of intuitive decision making with the involvement of all of the abovementioned factors the superiority of a judge over another judge it determines the quality of judicial hunch. There is disagreement as to the validity of decisions based on judicial hunch. This essay tries to review the concept of judicial hunch in the context of the intuitive decision making style and related concepts as well as the factors that make up the difference in this category based on theoretical approaches.

Keywords

Main Subjects

References

منابع خارجی:
1-         Chris Guthrie, Jeffrey J. Rachlinski, and Andrew j. Wistrich, ''Blinking on the Bench: How Judges Decide Cases'', Cornell L. Rev. 93, 2007: 1, 2.
2-         Frantz, R., ''Intuitive elements in Adam Smith'', Journal of Socio-Economics 29, 2000: 1-19.
3-         Haines, Charles Grove, ''General observationson the effects of personal, political, and economic influences in the decision the judge'', ILL. L. REV, 17, 1922.
4-         Hutcheson, Joseph C. Jr., ''The judgment intuitive: the function of the “Hunch” in judicial decision'', Cornell L. Q., Vol. 14, Issue. 3, 1929: 274-288.
5-         Leybourne, S. and Sadler-Smith, E., ''The role of intuition and improvisation in project management", International Journal of Project Management, Vol. 24, 2006: 483-492.
6-         Oliveira, Arnaldo, ''A Discussion Of Rational And Psychological Decision Making Theories And Models: The Search For a Cultural– Ethical Decision Making Model'', Electronic Journal of Business Ethics and Organization Studies, Vol. 12, No 2, 2007: 12-17.
7-         Parker, Andrew M., Wandi Burine de Bruine & Baruch Fichhoff, ''Maximizers versus Satisficers: Decision–Making Styles, Competence and Outcomes'', Judgment and Decision Making, vol. 2, no. 6, 2007: 342-350.
8-         Patton, John R., ''Intuition in decisions'', Management Decision, Vol. 41, Issue: 10, 2003, 989-996.
9-         Thunholm, Peter, ''Decision–Making Style: habit, style or both?'', Journal of Personality and Individual Differences, 2004: 931-944.
 
Legal Research Quarterly
Volume 23, Issue 90 - Serial Number 90
September 2020
Pages 289-314

Files

History

  • Receive Date: 29 December 2019
  • Revise Date: 16 February 2020
  • Accept Date: 17 February 2020

Share

How to cite

Statistics