Please use this identifier to cite or link to this item:
http://dspace.mediu.edu.my:8181/xmlui/handle/10419/19895| Title: | The Impact of Representation Norms on the Quality of Judicial Decisions |
| Keywords: | C91 K41 ddc:330 Judicial Decisions Representation Norms Accountability Biases Decision Modes Expertisation Rechtsprechung Entscheidung Dienstleistungsqualität |
| Issue Date: | 16-Oct-2013 |
| Publisher: | |
| Description: | Judges are obliged to give reasons for their decisions. A set of formal and informal norms specifies how this is to be done. These norms serve a whole array of purposes. This paper shows that one substantial effect is on decision quality. The effect can even be demonstrated on an ad hoc basis. Representation norms and the actual representation activity that is brought about by them have both a cognitive and a motivational effect. They palpably hold the judge accountable for the decision taken. And they guide him through the judgment elements inherent in his task. There is interplay between both effects when it comes to combating occasional non-normative motivation, debiasing and the choice of an appropriate decision mode. More importantly even than this short-term effect is the long-term power of representation norms. They exert this power as part and parcel of a richer institutional arrangement. That arrangement reminds the judge of the professional role he is playing, and it contributes to strengthening this attitude. And the institutional arrangement helps the judge in the process of progressive expertisation. Expertisation is no absolute protection against quality defects, but it is likely to significantly improve the quality of decisions. Suggestions for the deregulation of representation norms should pay due respect to the beneficial effect these norms have on the quality of decisions. |
| URI: | http://koha.mediu.edu.my:8181/xmlui/handle/10419/19895 |
| Other Identifiers: | http://hdl.handle.net/10419/19895 ppn:477637086 |
| Appears in Collections: | EconStor |
Files in This Item:
There are no files associated with this item.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.