ORGANIZATIONS, DECISIONS, AND COURTS

• NCJ Number: 45438
• Journal: Law and Society Review Volume: 10 Issue: 4 Dated: (SUMMER 1976)
• Author(s): L B MOHR
• Date Published: 1976
• Length: 22 pages
• Corporate Author: Law and Society Assoc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THEMES IN ORGANIZATION THEORY ARE USED TO EXPLORE VARIATIONS IN DECISIONMAKING MODES ADOPTED BY COURTS.

Abstract

A GENERAL PARADIGM FOR DETERMINING THE MODE OF DECISIONMAKING THROUGH EXAMINATION OF CONDITIONS OF CONTEXT IS CONSTRUCTED. THE PARADIGM INCLUDES FOUR DECISION SUBMODELS: FIRM, RATIONAL, GARBAGE CAN, AND POLITICAL. IN THE FIRM MODEL, THE CHOICE MECHANISM IS 'SATISFICING,' I.E, THE SELECTION OF AN ALTERNATIVE IN SUCH A WAY THAT ALL GOALS IN THE 'ACTIVE DEMAND SET' ARE SATISFIED AT LEAST MINIMALLY (AS OPPOSED TO SATISFYING SOME GOALS AT THE EXPENSE OF OTHERS). BARGAINING IS A TYPICAL INSTRUMENTAL BEHAVIOR IN THE FIRM SUBMODEL. THE CHOICE MECHANISM IN THE RATIONAL SUBMODEL IS MAXIMIZATION, I.E., THE USE OF LOGIC AND FACTS TO DISCOVER AND SELECT THE ALTERNATIVE THAT BEST ATTAINS A PARTICULAR GOAL OR WEIGHTED GOAL SET. TYPICAL INSTRUMENTAL BEHAVIOR INCLUDES ANALYSIS AND PERSUASION. IN THE GARBAGE CAN SUBMODEL, WITH ITS 'STRATEGIC AGGLOMERATION' CHOICE MECHANISM, A DECISION RELATIVE TO A GOAL IS RENDERED ONLY IF THE GOAL HAPPENS TO BE UNDER CONSIDERATION WHEN A CHOICE IS MADE ON SOME OTHER MATTER. THIS SUBMODEL IS CHARACTERIZED BY 'GOING, COMING, WAITING INSTRUMENTAL BEHAVIOR. THE CHOICE MECHANISM IN THE POLITICAL SUBMODEL IS DOMINATION. THE GOALS MOST SATISFIED ARE THOSE MOST FAVORED BY THE 'CONQUEROR.' TYPICAL INSTRUMENTAL BEHAVIOR INVOLVES CONTENTION, STRUGGLE, AND FORCE. THE CONTEXTUAL VARIABLES WHICH COMPLETE THE PARADIGM AND GOAL COMPATIBILITY, CONSISTENCY OF PARTICIPANTS, RESOURCE CONSTRAINTS, AND NORMS AGAINST REDISTRIBUTION. THE EXTENT TO WHICH EACH CONTEXTUAL VARIABLE IS PRESENT IN EACH DECISION SUBMODEL IS CHARACTERIZED AS HIGH, MODERATE, OR LOW IN THE PARADIGM, WHICH IS THEN USED IN A BRIEF EXAMINATION OF JUDICIAL DECISIONMAKING. THE ORDINARY FELONY CASE COMMON IN A CRIMINAL COURT IS DESCRIBED AS PROTOTYPE OF THE FIRM MODEL AS A DECISIONMAKING SUBMODEL. A LIST OF REFERENCES IS INCLUDED. (LKM)