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Realistic Socio-Legal TheoryPragmatism and a Social Theory of Law$
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Brian Z. Tamanaha

Print publication date: 1999

Print ISBN-13: 9780198298250

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298250.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2021

Studies of Judicial Decision-Making

Studies of Judicial Decision-Making

(p.196) 7 Studies of Judicial Decision-Making
Realistic Socio-Legal Theory

Brian Z. Tamanaha

Oxford University Press

This chapter focuses on a social scientific understanding of judicial decision making. Social Scientific analysis of judicial decision making would show that the social and institutional environment surrounding a judge is an important variable in understanding how he decides a certain case. The social environment consists of the general community and the legal community such as his fellow judges, lawyers and legal staff. The institutional environment is made up of the vertical and the immediate components. The vertical component refers to the place or stature of the judge's court in the whole legal system. The immediate component refers to the surrounding environment that led to such decision such as negotiations, deliberations with their fellow judges and even media pressure.

Keywords:   judicial decision making, social environment, institutional environment, vertical component, immediate component

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