RICHARD POSNER's THEORY OF JUDICIAL DECISION-MAKING (in 'How Judges Think' 2008) argues judges are:
Answer & Solution
Correct answer: C.
1. RICHARD POSNER's 'How Judges Think' (2008) developed a sophisticated theory of judicial behaviour.
2. KEY CLAIMS:
3. (i) Judges are NEITHER pure legal formalists NOR purely partisan ideologues;
4. (ii) Judges are RATIONAL ACTORS pursuing PERSONAL OBJECTIVES within constraints — leisure, reputation, professional satisfaction, integrity, public esteem;
5. (iii) Constraints: career considerations, collegiality, workload, reputation;
6. (iv) Judges as 'OCCASIONAL LEGISLATORS' — gap-filling in ambiguous cases reflects pragmatic policy considerations;
7. (v) PRAGMATISM — emphasis on consequences over abstract principles;
8. (vi) ECONOMIC ANALYSIS — applied to judicial decision-making.
9. CRITIQUES: economic model may not capture all motivations; reductionism.
10. INFLUENCE: empirical studies of judicial behaviour; jurisprudence of strategic judging.
11. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Richard Posner, 'How Judges Think' (2008); 'Reflections on Judging' (2013)_
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