The Psychology of Judging

Abstract

This chapter continues the task of considering what, beyond law as it is often imagined, accounts for judicial decision-making. It explores work investigating the influence of motivated reasoning on judges’ behavior, including that which emphasizes the influence of judges’ desire to satisfy the expectations of groups such as their professional peers. It examines the celebrity culture that has arisen around many Supreme Court justices as providing an avenue for the influence of motivated cognition. It also explores other research into the influence of psychological phenomena, such as heuristics and biases, on judges’ decision-making and finally considers the significance of our tendency to notice bias more readily in others than in ourselves.

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