Experimental Investigation of Legal Reasoning and Judicial Decision-making

Holger Spamann (Harvard Law School)
Lars Kloehn (Ludwig Maximilian University of Munich)

Abstract: We experimentally investigate the determinants of judicial decisions in a setting resembling real-world judicial decision-making. Real judges spend 55 minutes judging an appeals case in a legal system that is accessible but unknown to them. The case is a real case from an international tribunal, with minor modifications to accommodate the experimental manipulations. The fictitious briefs focus on only one easily understandable issue of law. We cross-randomize several features of the case, and track the steps the judges take in reaching a decision.