Behavioural analysis of civil procedure rules: Factor overload and interim remedies affirmation

Thesis

Much academic literature regarding how judges interpret and apply civil procedure rules is based on speculation about human behaviour and legal practitioners’ personal intuition. I seek to apply cognitive psychology research to a number of procedural arrangements in order to create a more accurate picture of the decision-making processes of judges in our civil justice system. My project investigates the implications of findings derived from empirical behavioural psychology for legal reasoning and practice. The thesis is divided into three main parts. The first two parts address different cognitive effects that influence judicial decision making in the course of civil litigation: cognitive overload in relation to ‘Laundry List’ rules and confirmation bias in relation to interim remedies. Finally, the third part speaks to the general question of judicial intuition and serves as a link between the first two parts of the dissertation.

Authors: Levy, I

• Publication date: 2014
• DOI: 10.5287/ora-n1yv6yk9n
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: Civil Procedure - Psychology and Decision Making
• Subjects: Law