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.     

In other journals

Historical Foundations of the Common Law, Second Edition. S.F.C. Milson . London 1981. Butterworths. pp xii &; 475 (incl. Index). £18 cased, £11.95 limp.?

Marriage Settlements 1601–1740. Lloyd Bonfield. Cambridge 1983. Cambridge University Press, xviii &; 136 pp. (incl. index). £19.50.

The English and Colonial Bars in the 19th Century, Daniel Duman, London, 1983. Croom Helm, xv + 228 pp. (incl. index). £13.95.     

Kirchheimer Revisited: Party Polarisation,Party Convergence,or Party Decline in the German Party System

The 2005 German parliamentary elections produced two parties claiming victory, the inability to form a government, and Germany's second post-war grand coalition government. This article explores the peculiarities in the contemporary dynamic of the German party system. It considers the strategy and motivation of parties and the effect of party competition. A key focus is to revisit and evaluate the predictive power of Otto Kirchheimer's ‘end of ideology’ proposition in the German case. On the one hand, mainstream parties seem to be converging at the ideological centre across Western Europe. At the same time, some party polarisation within the party system is evident as more marginal parties such as those of the far left and far right have gained votes at the expense of the mainstream parties in recent elections. A third possibility is that both of these circumstances have produced a political void with voters becoming increasingly apathetic and non-ideological. This paper argues that in the aggregate, trends do not reflect the predictions of Kirchheimer.