Judges, ‘common sense’ and judicial cognition

作者: Kylie Burns

DOI: 10.1080/10383441.2016.1259536

关键词: Common senseSociologyJudicial noticePhenomenonLawHeuristicsBounded rationalityCognitionMeaning (existential)Normality

摘要: ABSTRACTJudges are like other human beings. They use their ‘common sense’, common understanding, contemporary knowledge of society and the expectations community, as part judicial decision-making. Judicial sense understandings about world behaviour may also form a silent lens through which judges interpret meaning matters such reasonableness normality behaviour, assess visual phenomenon signs, pictures video. However, be unconsciously impacted by cognitive limitations. Judge’s factual assumptions influenced own cultural worldviews. can vehicle error discrimination enter law. Part 2 this article examines how in reasoning. 3 suggests that construction is process with consequent impact bounded rationality, heuristics, biases, emotion co...

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