Philosophy of Law
Sadegh Shamshiri
Abstract
There exist numerous theories regarding the decision-making process of a judge. Many legal experts believe that the judgment process is a fully conscious one. The judge consciously evaluates the issue and decides based on pure logic. On the other hand, some consider judgment an intuitive process influenced ...
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There exist numerous theories regarding the decision-making process of a judge. Many legal experts believe that the judgment process is a fully conscious one. The judge consciously evaluates the issue and decides based on pure logic. On the other hand, some consider judgment an intuitive process influenced by factors other than law. In practice, however, the examples are such that they can confirm the opinion of both sides. In other words, the judge sometimes makes logical and sometimes intuitive decisions. A dynamic can be seen in judgment, which this article seeks to explain with a descriptive-analytical method based on the findings of psychoanalysis. The goal is to offer practical solutions to enhance decision-making based on the information presented. According to psychoanalysis, if a judge's emotional experiences and unconscious thoughts are somehow related to the case at hand, their judgment may be based more on intuition. That is, the judge makes his decision and then looks for logical reasons and justifications to explain it. From this point of view, emotional experiences are a decisive component in the dynamics of judgment. However, the judge only sometimes decides based on the solution that comes to his mind. He typically assesses decisions based on his moral implications. He will issue a judgment if the decision aligns with his moral code. Therefore, the moral factor is another component in the dynamics of judgment. This moral factor also largely depends on the judge's cultural context and personal experiences. Based on the presented materials, it is suggested that instead of asking the judge to be impartial in his mind, we should ask him to observe the procedures and practices of impartiality. To minimize the influence of emotions on the judgment, the judges should postpone their decision for a few days instead of making an immediate one.
