Experimental investigation of judicial decision-making: India

Principal Investigator(s):

Professor Holger Spamann, Harvard Law School

Professor Vikramaditya Khanna, University of Michigan Law School

Dr. Pavan Mamidi, CESS Nuffield – FLAME University

There is considerable speculation about cross-country differences in legal reasoning in general and judicial reasoning in particular. For example, scholars have long speculated about differences between common and civil law reasoning. It is extremely difficult to assess such speculation empirically, however, because the reasoning occurs inside the lawyers’ and judges’ brains, with lawyers strategically choosing what to reveal to the outside.

This project uses a novel case-based instrument to assess such claims. The study has been conducted with judges in the US, China, Germany, France, Argentina and Brazil. CESS Nuffield – FLAME University conducted the India portion of the project in February 2018.