Psychological Factors Influencing Judicial Decision-Making: A Qualitative Study of Cognitive Bias and Moral Reasoning in the Judiciary

https://doi.org/10.5281/zenodo.17538996

Abstract

Judicial decision-making is frequently imitated as an impartial and purely rational exercise; however, psychological research suggests that judges, like all human actors, are susceptible to cognitive biases and moral intuitions that shape their reasoning. This is qualitative research that explores the psychological factors that affect the judgment of the judiciary within the Pakistani judiciary, with specific focus on cognitive bias and moral judgment. It is based on an interpretivist paradigm and relies on semi-structured interviews with retired judges, senior advocates and court clerks to attempt to establish how biases and moral systems inform legal interpretation, precedent application, and free will. Based on thematic analysis of Braun and Clarke, the study outlines recurrent patterns of cognition and moral, including confirmation bias in precedent interpretation, anchoring bias in sentencing, and moral justification at institutional pressure. Findings display that while Pakistani judges strive for impartiality through doctrinal reasoning, implicit cognitive shortcuts and sociocultural values subtly influence their moral and legal judgments. By integrating theories of cognitive psychology (Kahneman & Tversky, 1974) with moral reasoning frameworks (Kohlberg, 1981; Haidt, 2001; Rest, 1994), this study provides to a deeper understanding of judicial psychology in non-Western contexts. The research decides that improving judicial impartiality demands embedding psychological literacy and self-reflective practices into judicial education, thereby strengthening both ethical integrity and cognitive awareness within Pakistan’s courts.

Keywords: Judicial Decision-Making, Cognitive Bias, Moral Reasoning, Psychology of Law, Judicial Behaviour