“EXTRACTING” POLICY FROM JUDICIAL OPINIONS: THE DANGERS OF POLICY CAPTURING IN A FIELD SETTING

Abstract

Policy‐capturing techniques have been used to assess factors thought to influence judicial decisions relevant to human resource management. This article explains why the “advice” offered human resource management practitioners and others based on these studies can be incomplete and misleading. Substantive knowledge needed to independently evaluate research involving judicial decision making in field settings is provided. Five dangers associated with the use of policy capturing in the context indicated are identified, discussed, and then illustrated. Alternative research investigating the role of legal inputs in HRM using lawyers as subject matter experts is suggested.

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