TY - JOUR
T1 - How Judges Use Weapons of Influence
T2 - The Social Psychology of Courts
AU - Davidov, Guy
AU - Davidov, Maayan
PY - 2013
Y1 - 2013
N2 - Research on compliance has shown that people can be induced to comply with various requests by using techniques that capitalise on the human tendencies to act consistently and to reciprocate. Thus far this line of research has been applied to interactions between individuals, not to relations between institutions. We argue, however, that similar techniques are applied by courts vis-à-vis the government, the legislature and the public at large, when courts try to secure legitimacy and acceptance of their decisions. We discuss a number of known influence techniques – including ‘foot in the door’, ‘low-balling’, ‘giving a reputation to uphold’ and ‘door in the face’ – and provide examples from Israeli case law of the use of such techniques by courts. This analysis offers new insights that can further the understanding of judicial decision-making processes.
AB - Research on compliance has shown that people can be induced to comply with various requests by using techniques that capitalise on the human tendencies to act consistently and to reciprocate. Thus far this line of research has been applied to interactions between individuals, not to relations between institutions. We argue, however, that similar techniques are applied by courts vis-à-vis the government, the legislature and the public at large, when courts try to secure legitimacy and acceptance of their decisions. We discuss a number of known influence techniques – including ‘foot in the door’, ‘low-balling’, ‘giving a reputation to uphold’ and ‘door in the face’ – and provide examples from Israeli case law of the use of such techniques by courts. This analysis offers new insights that can further the understanding of judicial decision-making processes.
KW - door in the face
KW - foot in the door
KW - influence techniques
KW - judicial decision-making
KW - strategic decisions
UR - http://www.scopus.com/inward/record.url?scp=84945985869&partnerID=8YFLogxK
U2 - 10.1017/S0021223712000271
DO - 10.1017/S0021223712000271
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AN - SCOPUS:84945985869
SN - 0021-2237
VL - 46
SP - 7
EP - 24
JO - Israel Law Review
JF - Israel Law Review
IS - 1
ER -