The human mind is not a general problem solving machine. Instead of deliberately, consciously and serially processing the available information, men can rely on routines, rules, roles or affect for the purpose. They can bring in technology, experts or groups. For all of these reasons, men have a...

The human mind is not a general problem solving machine. Instead of deliberately, consciously and serially processing the available information, men can rely on routines, rules, roles or affect for the purpose. They can bring in technology, experts or groups. For all of these reasons, men have a...

The law is not a bunch of scattered rules, it is a body. This simple statement suffices to demonstrate that consistency is crucial for the law. Esteemed philosophers radicalise the statement: If it stops being consistent, to them the law is no longer the law. Consequently, consistency must be an...

The law is not a bunch of scattered rules, it is a body. This simple statement suffices to demonstrate that consistency is crucial for the law. Esteemed philosophers radicalise the statement: If it stops being consistent, to them the law is no longer the law. Consequently, consistency must be an...

Recent advances in AI create possibilities for delegating legal decision-making to machines or enhancing human adjudication through AI assistance. Using classic normative conflicts - the trolley problem and similar moral dilemmas - as a proof of concept, we examine the alignment between AI legal...

Recent advances in AI create possibilities for delegating legal decision-making to machines or enhancing human adjudication through AI assistance. Using classic normative conflicts - the trolley problem and similar moral dilemmas - as a proof of concept, we examine the alignment between AI legal...

Frequently deciding legal cases requires an assessment in multiple, conceptually incompatible dimensions. Often one normative concern would call for one decision, and another normative concern for a different decision. The decision-maker must engage in balancing, with no help from overarching...

By its critics, the rational choice model is routinely accused of being unrealistic. One key objection has it that, for all nontrivial problems, calculating the best response is cognitively way too taxing, given the severe cognitive limitations of the human mind. If one confines the analysis to...

In the social sciences and in the law, currently governance is the dominant perspective. Institutions are interpreted as governance tools. This view is helpful, but overly narrow. This paper adds conflict, and conflict management, to the picture. It provides a systematic overview of conceptual...

Judicial decision making is not a mechanical activity. It requires a voluntary act. In the abstract, the judge must strike a balance between incompatible normative goals, like backward looking compensation and forward looking deterrence. In the concrete, the decision-maker must weigh conflicting...