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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Dec 2014

Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Jeffrey J. Rachlinski

Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.


A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski Dec 2014

A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

No abstract provided.


Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski Dec 2014

Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …