应对不确定性,在司法审议中谈判信任
Stina Bergman Blix1, Nina Törnqvist1
1Department of Sociology, Uppsala University, Uppsala, Sweden.
Frontiers in sociology
|November 27, 2024
概括
法律决策是集体的,涉及法官互动收集信息和深思熟虑. 这项研究揭示了信任和确定性等情绪如何影响司法审议和法庭知识获取.
科学领域:
- 法律与心理学 法律与心理学
- 法律社会学 法律社会学
- 司法研究 司法研究
背景情况:
- 法律决策强调自治和独立.
- 法庭程序本质上是互动和集体的,涉及信息收集和审议.
- 审议涉及各种各样的团体,包括普通法官,陪审员和法官小组.
研究的目的:
- 探索知识获取在法律决策中的集体动态.
- 分析影响司法审议的情感潜流.
- 了解法官在法律审议期间如何平衡确定性和不确定性.
主要方法:
- 瑞典的民族学实地研究. 瑞典.
- 与法官进行影子追踪和采访.
- 在法庭诉讼和辩论期间的观察.
主要成果:
- 法官通过信任,不确定性交换,并将确定性视为敏捷的情绪来驾不确定性和确定性.
- 该研究将情感认知司法框架与社会互动主义理论相结合.
- 分析显示,在集体决策过程中,共同实现了法律独立.
结论:
- 法律独立是通过集体互动和情感动态形成的共同成就.
- 司法决策是一个微妙的过程,受到情感和理性的相互作用的影响.
- 了解情绪的潜流可以让我们了解法律决策是如何集体实现的.
相关概念视频
Decision Making: Traditional Method
4.0K
The process of hypothesis testing based on the traditional method includes calculating the critical value, testing the value of the test statistic using the sample data, and interpreting these values.
First, a specific claim about the population parameter is decided based on the research question and is stated in a simple form. Further, an opposing statement to this claim is also stated. These statements can act as null and alternative hypotheses, out of which a null hypothesis would be a...
First, a specific claim about the population parameter is decided based on the research question and is stated in a simple form. Further, an opposing statement to this claim is also stated. These statements can act as null and alternative hypotheses, out of which a null hypothesis would be a...
4.0K
Ethical Dilemmas II
936
Resolving an ethical dilemma in healthcare involves a systematic approach that considers every aspect of the issue, respecting both the patient's needs and values and the healthcare professional's ethical obligations. Here are potential steps to resolve an ethical dilemma:
936
Uncertainty: Overview
523
In analytical chemistry, we often perform repetitive measurements to detect and minimize inaccuracies caused by both determinate and indeterminate errors. Despite the cares we take, the presence of random errors means that repeated measurements almost never have exactly the same magnitude. The collective difference between these measurements - observed values - and the estimated or expected value is called uncertainty. Uncertainty is conventionally written after the estimated or expected value.
523
Propagation of Uncertainty from Random Error
652
An experiment often consists of more than a single step. In this case, measurements at each step give rise to uncertainty. Because the measurements occur in successive steps, the uncertainty in one step necessarily contributes to that in the subsequent step. As we perform statistical analysis on these types of experiments, we must learn to account for the propagation of uncertainty from one step to the next. The propagation of uncertainty depends on the type of arithmetic operation performed on...
652
Decision Making
91
Decision-making is a fundamental cognitive process that involves evaluating alternatives and selecting among them. This process can range from simple choices, such as deciding what to wear, to complex decisions, like choosing a major in college or a career path. The complexity of the decision often dictates the approach we use, which can be broadly categorized into two types: automatic and controlled decision-making.
Automatic decision-making is fast, intuitive, and relies on gut feelings...
Automatic decision-making is fast, intuitive, and relies on gut feelings...
91
Sources of Law
1.1K
Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.
Constitutional law is foundational, deriving from federal and state constitutions, and...
Constitutional law is foundational, deriving from federal and state constitutions, and...
1.1K


