NCJ Number
15767
Date Published
1974
Length
254 pages
Annotation
DESCRIPTION AND ANALYSIS OF SIX FRAMES OF REFERENCE, OR MODELS, USED BY POLITICAL SCIENTISTS AND OTHER SCHOLARS TO VIEW JUDICIAL BEHAVIOR.
Abstract
SOME HAVE CALLED THE STUDY OF POLITICS THE 'STUDY OF AUTHORORITATIVE ALLOCATION OF VALUES FOR A SOCIETY.' THE ROLE OF THE LAW AND THE COURTS IS CENTRAL TO THIS ALLOCATION IN AMERICAN SOCIETY. SEVERAL FRAMES OF REFERENCE OR MODELS BY WHICH POLITICAL SCIENTIST AND OTHER SCHOLARS VIEW THE JUDICIAL PROCESS ARE ANALYZED. SIX BEHAVIORAL MODELS USED BY CONTEMPORARY POLITICAL SCIENTISTS TO STUDY THE JUDICIAL PROCESS ARE REVIEWED. DECISION-MAKING MODELS EMPHASIZE THE USES OF POWER AND AND THE ALLOCATIONS OF POWER AND PRIVILEGE. GROUP MODELS TREAT THE JUDICIARY AS ONE KIND OF GROUP WHICH CAN BE STUDIED ON A MICRO OR MACRO LEVEL. ROLE THEORY HAS BEEN APPLIED TO THE PREDICTABLE EXPECTATIONS FOUND IN THE JUDICIAL CONTEXT. ANOTHER PERSPECTIVE THAT HAS BEEN OF USE IS THE STUDY OF THE JUDICIAL PROCESS FROM THE STANDPOINT OF THE IMPACT ITS DECISIONS HAVE ON SOCIETY. SYSTEMS MODELS HAVE ALSO BEEN EFFECTIVE IN DESCRIBING PATTERNS OF BEHAVIOR. THE AUTHOR NOTES THAT ALL OF THESE MODELS, IN A SENSE, PRODUCE IMPLICATIONS AND ALTERNATIVES BUT DO NOT MAKE NORMATIVE JUDGMENTS. HE CONTRASTS THESE APPROACHES WITH THE TRADITIONAL SCHOOL OF THOUGHT WHICH CONCENTRATES ON HISTORY AND DOCTRINE OF JUDICIAL ACTIVITY. IN A CONCLUDING CHAPTER HE SUGGESTS THAT THE TRADITIONALIST - BEHAVIORALIST DICHOTOMY NEED NOT CONTINUE AND THAT A SYNTHESIS CAN INVOLVE THE TRADITIONALIST APPLYING SOME OF THE BEHAVIORAL MODELS TO THE PAST AND THE BEHAVIORALIST USING SOME OF THE RICH MATERIALS OF HISTORY TO TEST HIS HYPOTHESES. (SNI ABSTRACT)