Abstract

Scholars have explored the impact of the unconscious on legal decision-making. Research has shown that, as with all human beings, intuitive reactions play a significant role in judges' decision-making. While there is a lack of agreement as to whether there has been sufficient study of the subject to draw conclusions as to the extent to which a judge's deliberative faculties are invoked to override the intuitive reaction, there is no question that intuition is operative and impacts a judge's decision-making as it does for everyone. Given the similarity of the tasks, one must conclude ...