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Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (the adjudicative process) or by declaring general principles through a centralized authority that are to be applied in individual cases (through the rulemaking process). Administrative agencies have long had the unfettered authority to choose between the two methods. Although each method could identify the same solution to the legal issues that come before them, in practice, the two systems commonly settle upon different resolutions. Each system presents the underlying legal issue from a different cognitive perspective, highlighting and hiding different …
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (through the adjudicative process) or by declaring general principles through a centralized authority that are to be applied in individual cases (through the rulemaking process). Administrative agencies have long had the unfettered authority to choose between the two methods. Although each method could identify the same solution to the legal issues that come before them, in practice, the two systems commonly settle upon different resolutions. Each system presents the underlying legal issue from a different cognitive perspective, highlighting and hiding …