Included in this bibliography are contributions ranging from heuristics and biases stricto sensu, prejudices and stereotypes, and a title on bounded rationality.

The list is subdivided in two parts.

The first part features basic readings of general interest – a few handbooks, and seminal works –, not specifically related to the law or to legal reasoning.

The second part comprises essays concerning, specifically, heuristics, biases, and stereotypes in adjudication. Some of these items are surveys, covering more or less vast areas of the general subject. Others are devoted to the analysis of the nature and workings of particular heuristics, biases, prejudices, and stereotypes, in judicial decision making generally, or in narrowly circumscribed judicial settings. Our aim is to give the reader a sense of the variety of phenomena, and research, in this area.

Download the full bibliography or browse the titles below. 

Download Unit 1 Bibliography (PDF)

General

Predictably Irrational, Revised and Expanded Edition
"A marvelous book… thought provoking and highly entertaining." —Jerome Groopman, New York Times bestselling author of How Doctors Think "Ariely not only gives us a great read; he ...

 
SAGE Reference - The SAGE Handbook of Prejudice, Stereotyping and Discrimination
Representing both traditional and emerging perspectives, this multi-disiplinary and truly international volume will serve as a seminal resource for students

 
Heuristics and Biases
Is our case strong enough to go to trial? Will interest rates go up? Can I trust this person? Such questions - and the judgments required to answer them - are woven into the fabric of everyday ...

 
Moral Psychology
For much of the twentieth century, philosophy and science went their separate ways. In moral philosophy, fear of the so-called naturalistic fallacy kept moral philosophers from incorporating ...

 
Thinking, Fast and Slow
The phenomenal international bestseller - 2 million copies sold - that will change the way you make decisions 'A lifetime's worth of wisdom' Steven D. Levitt, co-author of Freakonomics ...

 
Judgment under Uncertainty
Cambridge Core - Economics: General Interest - Judgment under Uncertainty

 
Routledge Handbook of Bounded Rationality
Herbert Simon’s renowned theory of bounded rationality is principally interested in cognitive constraints and environmental factors and influences which prevent people from thinking or behaving ...

 
(PDF) Extraneous Factors in Judicial Decisions
PDF | Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational,... | Find, read and cite all the research you ...

 

Heuristics, Biases and the Law

EconPapers: Do Judges Vary in Their Treatment of Race?
By David S. Abrams, Marianne Bertrand and Sendhil Mullainathan; Abstract: Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many

 
Psychological Science and the Law
Psychological research can provide constructive explanations of key problems in the criminal justice system—and can help generate solutions. This state-of-the-art text dissects the psychological ...

 
The More You Ask For, the More You Get: Anchoring in Personal Injury Verdicts
The ‘anchoring and adjustment’ bias was demonstrated in a personal injury case using mock jurors. In Experiment 1, the ad damnum, or requested compensation, was manipulated across participants. ...

 
The effect of physical appearance on the judgment of guilt, interpersonal attraction, and severity ...
Abstract Both an opinion survey and an experimental study were conducted. The survey revealed that substantial majorities of those polled believed (a) that a defendant's character and previous ...

 
Legal Reasoning and Scientific Reasoning
In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their ...

 
The Last Word in Court—A Hidden Disadvantage for the Defense
In the legal systems of most western countries, defense attorneys present their sentencing recommendation after the prosecution has presented its sentencing demands. This procedural sequence for ...

 
(PDF) Playing Dice With Criminal Sentences: The Influence of Irrelevant Anchors on Experts' ...
PDF | Judicial sentencing decisions should be guided by facts, not by chance. The present research however demonstrates that the sentencing decisions of... | Find, read and cite all the research you ...

 
Heuristics and the Law
Experts in law, psychology, and economics explore the power of "fast and frugal" heuristics in the creation and implementation of law In recent decades, the economists' concept of ...

 
Wise Restraints?: Learning Legal Rules, Not Standards, Reduces the Effects of Stereotypes in Legal ...
Does studying the law reduce bias from stereotypes in legal decision-making? Psychological, psychometric, and jurisprudential theory suggest that the answer depends on the form of the relevant legal ...

 
Criminal Adjudication, Error Correction, and Hindsight Blind Spots
Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is ...

 
Inside the Judicial Mind
The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely commit occasional mistakes, but the public understandably ...

 
Blinking on the Bench: How Judges Decide Cases
How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate ...

 
HINDSIGHT BIAS IN LEGAL DECISION MAKING | Semantic Scholar
Jurors in the U.S. legal system face a difficult challenge; they must ignore negative outcomes, and judge the defendant's pre–outcome actions in a fair way. This method of rejudging the past ...

 
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The Psychology of Judicial Decision Making
Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the ...

 
Relative Judgments | Semantic Scholar
This paper presents a theory of relative judgments, suggesting that judges evaluate individual cases on the basis of how those cases are ranked in comparison to the other cases in their caseloads. ...

 
Judging Implicit Bias: A National Empirical Study of Judicial Stereotypes
American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they ...

 
Effects of perspective taking on courtroom decisions
Four experiments examined the hypothesis that perspective taking with a defendant would lead to greater empathy, which would mediate lowered perceptions of culpability, with lowered culpability ...

 
Implicit Bias in Judicial Decision Making How It Affects Judgment and What Judges Can Do About It
This Chapter reviews research indicating that judges, like most adults, rely too heavily on intuition while making important decisions. This tendency leaves them vulnerable to using overly simplistic ...