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by David F. Walbert

Many factors are relevant to an analysis of judicial decision. Some of the more important approaches emphasize: (1) how the new rules are related to preexisting law; (2) the personal or psychological reasons for the judge’s decision; (3) the institutional context of the court, in an effort to elucidate important strengths and weaknesses in the legal system as a whole; (4) nonscientific appraisals of the practical, social effects of the legal rules of the case and of the alternative legal rules; and (5) scientific and quasi-scientific analyses of the effects of alternative legal positions.

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