International Journal of

Arts , Humanities & Social Science

ISSN 2693-2547 (Print) , ISSN 2693-2555 (Online)
Resilience in Law—Managing Rule, Resistance and Reform in Decision-Making

Abstract

 

Decision-making in legal matters rests on the application of rules of law, process and a “feeling” or “guess” based on suspicion and confirmation. Discretion, legitimacy and judgment are often mediated by “juridical intuition” which is not to say intuition is the result of divination but is the product of the ability to understand something without the need for deeper reasoning with the possibility always existing that conclusions reached will be reinforced after rational critical deliberation. Intuitive thinking makes legal decision-making stronger not less or more legitimate.