Sample Solution

Judicial decisions are based on facts, laws, and precedent (the legal subculture) as well as public opinion, politics, localism (democratic subculture). The legal subculture is based on the principles of stare decisis in which judges rely on previous court rulings to decide cases. This ensures consistency in decision-making and encourages the development of a strong body of law. In addition, judges must consider the language used in statutes and case law to determine how they should rule. The democratic subculture is more focused on public opinion, politics, and localism when making decisions. Judges are likely to take into account the opinions of their constituents when deciding cases or may make a decision that reflects popular sentiment within their jurisdiction. Localism also plays an important role in judicial decision-making; a judge may be more likely to side with someone from their own area than with someone from another state or country.

The two cultures can often intersect when making judicial decisions; for example, if there is already existing precedent that supports one side over another but public opinion contradicts that ruling then a judge may choose to go against tradition and rule according to what most people think is right instead. Ultimately though it will depend upon each individual judge’s interpretation of the facts at hand as well as any applicable laws or precedents governing the situation before them.