By Lawrence Baum
What motivates judges as determination makers? Political scientist Lawrence Baum deals a brand new viewpoint in this an important query, a standpoint according to judges' curiosity within the approval of audiences very important to them.The traditional scholarly knowledge holds that judges on greater courts search merely to make solid legislation, solid coverage, or either. In those theories, judges are motivated by way of other folks merely in restricted methods, as a result in their criminal and coverage objectives. by contrast, Baum argues that the effect of judges' audiences is pervasive. This effect derives from judges' curiosity in acceptance and admire, a motivation relevant to most folks. Judges care in regards to the regard of audiences simply because they prefer that regard in itself, not only as a way to different ends. Judges and Their Audiences makes use of study in social psychology to make the case that audiences form judges' offerings in sizeable methods. Drawing on a vast variety of scholarship on judicial decision-making and an array of empirical proof, the ebook then analyzes the capability and real influence of numerous audiences, together with the general public, different branches of presidency, court docket colleagues, the criminal career, and judges' social peers.Engagingly written, this publication offers a deeper figuring out of key concerns referring to judicial habit on which students disagree, identifies elements of judicial habit that diverge from the assumptions of current versions, and indicates how these versions could be bolstered.
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Extra info for Judges and Their Audiences: A Perspective on Judicial Behavior
Jones and Pittman 1982; E. Jones 1990, ch. 7). Personal self-presentation is more difﬁcult to describe because its aims are more diffuse. Most directly, people engage in self-presentation because they seek popularity and respect as ends in themselves, not as means to other ends. At a deeper level, personal self-presentation is aimed at building a desirable self-concept. When people perceive they have achieved a favorable image with others, that perception tends to boost their self-esteem. But the link between self-presentation and self-concepts runs even deeper than that.
In this way the scope of empirical research on the bases for judges’ choices can be expanded. As a consequence of these functions, an audience-based perspective suggests ways to modify and expand the dominant models. The value of these models as bases for inquiry has been amply demonstrated. Moreover, they provide a structure for the accumulation of knowledge about judicial behavior. 19 I should make explicit what is implicit in that list of functions. I believe that judges’ motivation to win the approval of their audiences can explain a good deal about their choices as decision makers, and I seek to demonstrate that explanatory value.
This is especially true of those who must win elections to maintain their positions. That goal gives elected ofﬁcials strong incentives to engage in strategic self-presentation, and personal motives sometimes have little relevance. It is doubtful that members of Congress feel a personal attachment to most of the interest groups from which they solicit campaign contributions. For some ofﬁcials, such as the reluctant campaigners described in some of Fenno’s vignettes, reelection may be the only motive for efforts to win the approval of constituents.