The Devil We Know: Legal Precedent and the Preservation of Injustice
Volume: 8, Issue: 1, Pages: 76 - 83
Published: Feb 11, 2021
Abstract
A hallmark feature of the common law tradition is reliance on past decisions, or precedent, to resolve legal ambiguity and ensure consistency across similar cases. Yet the intent of precedent—to safeguard equity—may be undermined by nonconscious psychological processes. The behavioral and brain sciences show that decision-making can be contaminated by a human proclivity (endemic among both judges and laypeople) to justify and legitimize extant...
Paper Details
Title
The Devil We Know: Legal Precedent and the Preservation of Injustice
Published Date
Feb 11, 2021
Volume
8
Issue
1
Pages
76 - 83
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