A typology of legal values in judicial decision making

Rachel Cahill-O’Callaghan

Chapter 10 in Research Handbook on Judging and the Judiciary, 2025, pp 192-208 from Edward Elgar Publishing

Abstract: The role of values in shaping law and judicial decisions has been the subject of extensive academic debate. Underpinning these debates is an assumption of a shared understanding of the concept of values. Yet, the term is ambiguousand has been used to describe a range of constructs. This chapter draws on theories from law and psychology to develop a standardised understanding of legal values, and it presents a system of organising the values that shape judicial decision making. Drawing on empirical data, the chapter offers a typology of legal values which allows a systematic analysis of the influence of values on decisions. In doing so, the chapter provides a novel conceptual framework to develop a shared understanding of legal values which should encourage debate and discussion, extend the understanding of judicial decision making and facilitate comparative analysis.

Keywords: Judicial decision-making; Judicial discretion; Values; Typology; Judicial role; Psychology (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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