Comparative Judicial Behavior. Cross-Cultural Studies of Political Decision-Making in East and West [Book Review]

Review of Metaphysics 25 (4):767-768 (1972)
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Abstract

This pioneer work in comparative political analysis manifests once more the growing influence of behavioral approaches on the study of politics. In this case the general topic is the voting pattern of justices on the highest courts of several Pacific nations and India. Various heuristic and explanatory models are employed to determine the influence of such variables as age, culture, and political orientation on the adjudicative behavior of these men over a determinate period. Although the articles by twelve different authors are not all of the same analytic caliber as those contributed by the editors themselves, they collectively offer an insight into the possibilities as well as into the pitfalls of behavioral studies of the judiciary. As the editors note, such a work is necessarily hypothetical and exploratory, raising more questions than it answers. Philosophers will be interested mainly in the methodological problems of concept formation and explanation which this book raises and seeks to resolve. The article by Edward J. Weissman, "Mathematical Theory and Dynamic Models," is particularly valuable from that point of view. Moreover, by classifying and comparing the other contributions to this volume, Weissman's article furnishes a certain unity which the book as a whole sorely lacks. Geared primarily for those who are familiar with such techniques as smallest-space analysis and the use of recursive causal models, this work nevertheless can be read with profit by social philosophers, philosophers of law and those interested in general questions of methodology.--T. R. F.

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