The Influence of Personal Values on Legal Judgments

The non‐legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.     

The Legality of Law

Abstract. In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of artefacts). Then I discuss the contrast between law (the genre of artefacts) and law (the practice). Finally I comment on legality as the name of an ideal for laws and legal systems to live up to. I commend H. L. A. Hart's explanation of the nature of law for investigating these various objects in an integraed way, while nevertheless respecting the distinctions among them. I also criticise some of R. M. Dworkin's work for failing to respect the same distinctions.     

CRITICAL ASPECTS OF PARENTING PLANS FOR YOUNG CHILDREN

The debate about the benefits and drawbacks of overnight schedules for young children is hotly contested in family law. This study investigated connections between occurrence of overnights, schedule consistency, number of caregivers, and young children's adjustment to parental separation and divorce. Families ( N = 161) with children aged 6 years or younger were recruited at the time of filing for divorce or child custody (if unmarried); follow-up data were obtained from 132 families 15 to 18 months later. Results indicated that parenting plan variables are related to children's social, cognitive, and emotional behavior, with caregivers and schedule consistency more salient than overnights. Girls benefited from overnights and more caregivers, whereas boys did not. Overnighting children aged 4 to 6 years when their parents filed manifested fewer problems 1.5 years later than did younger children. Even when controlling for parental conflict and parent-child relationship variable, the constellation of parenting plan variables contributed to young children's adaptation.     

Thinking about Ideology and Method: a Comment on Schull

This article addresses some theoretical problems which arise in a recent article by Joseph Schull on ideology and Soviet-type societies. I argue that the conceptualizations of Marxism-Leninism, ideology, and discourse offered by Schull are unlikely to enhance the study of Soviet ideological practices significantly because Schull's approach is both too essentialist and too general. Schull treats these concepts as unities reducible through proper definition. I argue that they are better understood as problematics which, in the first two cases, encompass a wide variety of forms and practices; and, in the third, a variety of methods and approaches. Since the study of Marxism-Leninism or ideology, like anything else, is driven by questions, problems, hypotheses, etc., I suggest that it is unhelpful to engage in a priori generalizations about method.     

Rules and games

This paper reconsiders the relationship between the rules of a game and its outcomes. We develop a notion of rule reform that leads to the selection of Pareto improved equilibria points. We then apply this notion to a series of naturally occurring fishing rules, including examples from Malaysia, India, Brazil, Turkey, and Canada. We show that reforming a game is conceptually akin to reforming an economy.     

Adolescent Gender Differences in Suicide-Related Behaviors

Utilizing data as well as factor analysis and multiple regression the previously published study, Risk Factors Related to Suicidal Behavior Among Male and Female Adolescents [(1996), Journal of Youth and Adolescence, Vol. 25, pp. 149–160], this follow-up study examined gender differences in risk factors that increase the probability of self-reported suicidal behavior among seventh through twelfth grade students (N = 3461) in a northern Midwest school district. The logistic regression results revealed gender differences in that the demonstration of more aggressive behaviors increased the likelihood of males reporting suicidal behavior.