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1990

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Situated Decisionmaking, Catharine P. Wells Jan 1990

Situated Decisionmaking, Catharine P. Wells

Boston College Law School Faculty Papers

The purpose of this Article is to examine the concerns that surround situated judging and the central questions to which they give rise: How can a situated judge render a just decision? On its face, the question appears to be both decisive and unanswerable. Upon deeper examination, however, we can see that the question relies upon a doubtful set of presuppositions about situated decision-making. In the course of this Article, the author seeks to defend the pragmatic analysis of legal decision-making by casting doubt upon these assumptions. Part II develops two contrasting models of normative decision-making that represent the purported ...