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Legal Techniques for Rationalizing Biased Judicial Decisions: Evidence from Experiments with Real Judges

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  • John Zhuang Liu
  • Xueyao Li

Abstract

Judges rarely reveal their real reasoning in their opinions when they are influenced by factors that they know they should not consider. The natural next question is how, when a judge is improperly influenced, he or she reasons to justify a biased decision. In a set of experiments using incumbent Chinese judges, we first replicated the findings of previous studies that showed judges can be influenced by extra‐legal factors. More importantly, we showed that judges may employ a range of legal techniques to rationalize decision biases: they interpret legal standards and legal concepts strategically, finesse the applicability of law, infer or deny causation and foreseeability, and draw different conclusions from facts. Our findings provide a more realistic understanding of how judges behave, and cast doubt on reasoned elaboration as a guarantee of judicial transparency and trustworthiness.

Suggested Citation

  • John Zhuang Liu & Xueyao Li, 2019. "Legal Techniques for Rationalizing Biased Judicial Decisions: Evidence from Experiments with Real Judges," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(3), pages 630-670, September.
    • Handle: RePEc:wly:empleg:v:16:y:2019:i:3:p:630-670
    DOI: 10.1111/jels.12229
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    References listed on IDEAS

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    1. Zhuang Liu, 2018. "Does Reason Writing Reduce Decision Bias? Experimental Evidence from Judges in China," The Journal of Legal Studies, University of Chicago Press, vol. 47(1), pages 83-118.
    2. Charles S. Taber & Milton Lodge, 2006. "Motivated Skepticism in the Evaluation of Political Beliefs," American Journal of Political Science, John Wiley & Sons, vol. 50(3), pages 755-769, July.
    3. Fon, Vincy & Parisi, Francesco, 2007. "On the optimal specificity of legal rules," Journal of Institutional Economics, Cambridge University Press, vol. 3(2), pages 147-164, August.
    4. Holger Spamann & Lars Klöhn, 2016. "Justice Is Less Blind, and Less Legalistic, than We Thought: Evidence from an Experiment with Real Judges," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 255-280.
    5. repec:cup:judgdm:v:8:y:2013:i:4:p:407-424 is not listed on IDEAS
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    1. Christoph Engel, 2022. "Judicial Decision-Making. A Survey of the Experimental Evidence," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_06, Max Planck Institute for Research on Collective Goods.
    2. Chin, Jason & Zeiler, Kathryn, 2021. "Replicability in Empirical Legal Research," LawArXiv 2b5k4, Center for Open Science.

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