Texas Law Review "See Also"
judges, emotion, judicial behavior, decision making, law and psychology
Judges | Law
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, they have presented a false choice. The experiments do offer strong evidence that judges' decisions can be influenced by the "affect heuristic," insofar as they show that prompting generalized feelings of good/bad and like/dislike can sway legal rulings that ought to be answered entirely on traditionally legalistic grounds. However, the experiments do not speak more broadly to the influence of judicial emotion, which is a far more complex phenomenon than the affect heuristic.
Terry A. Maroney,
Why Choose? A Response to Rachlinski, Wistrich & Guthrie, 93 Texas Law Review "See Also". 317
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/761