TY - JOUR
TI - The Aristotelian Theory of Adjudication from the Perspective of Dual Process Theory
AU - Golecki, Mariusz Jerzy
TI - The Aristotelian Theory of Adjudication from the Perspective of Dual Process Theory
AB - 
	In his theory of adjudication, Aristotle observes that the judicial process should be based on rational and impartial evaluation of the merits of given case and on the application of law. This paper focuses on the bipolar character of the theory of adjudication analyzed from the perspective of the modern dual process theory. It seems that the bounded rationality of judges may create a potential threat to the impartiality and rationality of judgments in complex cases. In this context the hybrid model of categorization adopted from cognitive psychology is to be confronted with the Aristotelian theory of adjudication. The influence of heuristics and biases on judicial decisions is also to be considered. The conclusion refers to the prospects of an Aristotelian virtue-centered model of adjudication following the assumption of bounded rationality.

	The research on this article was funded by the National Science Centre, Poland, no. 2015/17/B/HS5/00495
VL - 2018
IS - Volume 65
PY - 2018
SN - 0867-5392
C1 - 2084-3887
SP - 207
EP - 231
DO - 10.4467/20843887PI.18.009.10868
UR - https://ejournals.eu/en/journal/principia/article/the-aristotelian-theory-of-adjudication-from-the-perspective-of-dual-process-theory
KW - Aristotle
KW - epikeia
KW - dual process theory
KW - hybrid model of categorization
KW - heuristics and biases
KW - bounded rationality