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THE ROLE CONCEPT IN JUDICIAL RESEARCH
Author(s) -
GIBSON JAMES L.
Publication year - 1981
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1981.tb00248.x
Subject(s) - normative , argument (complex analysis) , discretion , scale (ratio) , process (computing) , judicial discretion , state (computer science) , measure (data warehouse) , political science , law and economics , management science , epistemology , positive economics , judicial review , law , sociology , computer science , economics , data mining , philosophy , operating system , physics , algorithm , quantum mechanics , biochemistry , chemistry
This article addresses the state of research which uses role concepts to explain the process of making decisions in legal institutions. After identifying several important limitations of previous research, a new scale—measuring normative orientations toward discretion—is proposed. The results of administering this scale to samples of Iowa and California judges suggest that the measure is fairly reliable, and an argument is made in favor of its validity. The article concludes with some observations on the importance of measurement in research on the legal process.