What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them.
The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers.
Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Winner of the 2007 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association
One of Choice's Outstanding Academic Titles for 2006
"Lawrence Baum employs a range of empirical evidence on courts, combining the literatures on judicial decision making and social psychology to examine the influence of the legal profession, the media, and close colleagues on the self-presentation of judges."--Law & Social Inquiry
"An original contribution to the study of judicial politics that draws from the field of social psychology to suggest a radically new approach to the study of decisional behavior."--Sheldon Goldman, University of Massachusetts, Amherst
"This book makes a very strong case that we need to begin to look at judicial behavior in a way that is not reflected in any of the most significant recent work. It will change the way many scholars think about the courts."--Donald Songer, University of South Carolina Chapter 1: Thinking about Judicial Behavior 1 Chapter 2: Judging as Self-Presentation 25 Chapter 3: Court Colleagues, the Public, and the Other Branches of Government 50 Chapter 4: Social and Professional Groups 88 Chapter 5: Policy Groups, the News Media, and the Greenhouse Effect 118 Chapter 6: Implications for the Study of Judicial Behavior 158 References 177
Preface xi
Acknowledgments xiii
Models of Judicial Behavior 5
Shared Assumptions: The Judge as Mr. Spock 9
Limitations of the Dominant Models 19
Audience as a Perspective 21
People and Their Audiences 25
Judicial Self-Presentation: A First Look 32
Audiences and Judicial Behavior 43
Court Colleagues 50
The General Public 60
The Other Branches 72
Conclusions 85
Social Groups 88
Professional Groups: Lawyers and Judges 97
Conclusions 116
Policy Groups 118
The News Media 135
A Greenhouse Effect? 139
Conclusions 155
Appendix: Procedures for Analysis of Voting Change by Supreme Court Justices 155
Motivational Bases for the Dominant Models 158
Departures from the Dominant Models 162
Probing the Impact of Judicial Audiences 171
Some Final Thoughts 174
Name Index 221
Subject and Case Index 229
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