An unorganized but interesting collection of ten papers describing and evaluating the use of computers in legal research and the use of modern behavioral science in analyzing and predicting judicial decisions. The authors are professors of law, lawyers, and social scientists, and include a Soviet scholar writing on cybernetics and Soviet law. Technical descriptions of data recovery systems and technical methods of analyzing judicial decisions alternate with arguments for and against the actual use of such methods and systems by practicing (...) lawyers. All of the technical discussion is within the grasp of the interested lay reader; but the evaluation of these techniques becomes unspecific and polemical at times. The footnotes of many of the papers provide an excellent bibliography.—R. B. P. (shrink)

There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies (...) the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public law and areas of civil law. (shrink)

As an introduction to our work, we emphasize the parallel interpretation of abstract tools and the concepts of undetermined and vague information. Imprecision, uncertainty and their relationships are inspected. Suitable interpretations of the fuzzy sets theory are applied to legal phenomena in an attempt to clearly circumscribe the possible applications of the theory. The fundamental notion of reference sets is examined in detail, hence highlighting their importance. A systematic and combinatorial classification of the relevant subsets of the legal field is (...) supplied for practical application. Although the use of the fuzzy sets theory is sometimes suggested as a palliative measure (no competition exists), it can also be complementary (serve as a building block to improve modelisation). An Appendix gives a brief recall of the key-concepts of the axiomatic theory of fuzziness and its developments: fuzzy sets, fuzzy logic, fuzzy control and theory of possibility. (shrink)

This is a critical discussion of the Baldus study of capital sentencing in Georgia. It concludes that the Baldus finding of a "race-of-the-victim" effect is less robust than capital-punishment abolitionists have claimed. But the flaws in the Baldus study should not comfort death-penalty advocates, for they reveal an epistemological barrier to the US Supreme Court's ever being able to satisfy itself both that the sentence reflects particularized consideration of the circumstances and character of the defendant and that it is not (...) the product of racial bias. (shrink)