Heuristics in legal decision-making

Abstract

With the advent of algorithm-based decisions, generated in the "black boxes" of deep learning ensembles and their controversially discussed ethical and legal implications, the fact that human legal decision-making is to a large degree not based on rational choices, and thus also neither deducible nor predictable, tends to be neglected in legal discussion. This article intends to provide an overview on heuristic patterns in human legal decision-making by pointing out their flaws and benefits, and also provides some advice on how to hedge its risks in legal practice.