Salience Theory of Judicial Decisions | Zendy

Pedro Bordalo | Zendy; Nicola Gennaioli | Zendy; Andrei Shleifer | Zendy

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Salience Theory of Judicial Decisions

Author(s) -

Pedro Bordalo,

Nicola Gennaioli,

Andrei Shleifer

Publication year - 2015

Publication title -

the journal of legal studies

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.251

H-Index - 61

eISSN - 1537-5366

pISSN - 0047-2530

DOI - 10.1086/676007

Subject(s) - salient , salience (neuroscience) , judicial opinion , framing (construction) , judicial review , damages , political science , framing effect , psychology , law , law and economics , social psychology , economics , cognitive psychology , persuasion , structural engineering , engineering

We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge's attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can effect judicial decisions. Our model accounts for a range of recent experimental evidence bearing on the psychology of judicial decisions, including anchoring effects in the setting of damages, decoy effects in choice of legal remedies, and framing effects in the decision to litigate. The model also offers a new approach to positive analysis of damage awards in torts

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