Judgement

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Illustration of a judge evaluating evidence in court to make a judgement Roters Illustrators 19807 (thinking judge).svg
Illustration of a judge evaluating evidence in court to make a judgement

Judgement (or judgment) [1] is the evaluation of given circumstances to make a decision or form an opinion. It may also refer to the result of such an evaluation, or to the ability of someone to make good judgements. [2]

Contents

In an informal context, a judgement is opinion expressed as fact. In logic, judgements assert the truth of statements. In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called adjudication (see Judgment (law)). In the context of psychology, judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called wisdom . In formal psychology, judgement and decision making (JDM) is a cognitive process by which individuals reason, make decisions, and form opinions and beliefs. [3] [4]

Judgements in law

In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. [5] [6] Judgments also generally provide the court's explanation of why it has chosen to make a particular court order. [7]

Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. [8] American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for the disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself). [8]

In Canadian English, the phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. [9]

Etymology and origin

The term "judgment" derives from Latin iudicare ("to judge"), entering English via the Old French term jugement around the 13th century, initially defining both legal trials and religious or eschatological concepts like Judgment Day. In English law, judgments evolved from medieval writs to court decisions on rights and liabilities, with procedural inventions like summary judgment originating in 19th-century equity courts to resolve undisputed debt claims efficiently. These were later codified in systems like the U.S. Federal Rules of Civil Procedure (1938). This mechanism allows the dismissal of meritless claims. [10] [11] [12]

Psychology

In cognitive psychology (and related fields like experimental philosophy, social psychology, behavioral economics, or experimental economics), judgement is part of a set of cognitive processes by which individuals reason, make decisions, and form beliefs and opinions (collectively, judgement and decision making, abbreviated JDM). This involves evaluating information, weighing evidence, making choices, and coming to conclusions. Judgements are often influenced by cognitive biases, heuristics, prior experience, social context, abilities (e.g., numeracy, probabilistic thinking), and psychological traits (e.g., tendency toward analytical reasoning). In research, the Society for Judgment and Decision Making is an international academic society dedicated to the topic; they publish the peer-reviewed journal Judgment and Decision Making .

Research by Daniel Kahneman and Amos Tversky in the 1970s and 1980s identified major heuristics, such as the availability heuristic (judging probability by ease of recall) and anchoring (over-reliance on initial information), that often lead to overconfidence or base-rate neglect. Their theory formalized how people evaluate outcomes relative to a reference point, predicting loss aversion (valuing losses twice as much as equivalent gains), which has applications in behavioral economics and the design of policies. Kahneman's later works, including Thinking, Fast and Slow (2011), distinguishes "System 1" (intuitive, fast judgments) from "System 2" (deliberative, slow reasoning). [13] [14]

Judgement in neuroscience

Recent advances in cognitive neuroscience have mapped judgement processes to brain regions like the prefrontal cortex, where physical markers guide intuitive decisions beyond Bayesian models, as shown in fMRI studies of risk assessment. In artificial intelligence, large language models (e.g., GPT-4) replicate human judgement biases such as loss aversion and the gambler's fallacy, raising concerns for judicial prediction, though they improve accuracy in structured tasks. [15] [16] [17]

Judgement in philosophy

Aristotle

Judging power or faculty

Aristotle observed that the ability to judge takes two forms: making assertions and thinking about definitions. He defined these powers in distinctive terms. Making an assertion as a result of judging can affirm or deny something; it must be either true or false. In a judgement, one affirms a given relationship between two things, or one denies a relationship between two things exists. The kinds of definitions that are judgements are those that are the intersection of two or more ideas rather than those indicated only by usual examples — that is, constitutive definitions. [18]

Later Aristotelians, like Mortimer Adler, questioned whether "definitions of abstraction" that come from merging examples in one's mind are really analytically distinct from judgements. The mind may automatically tend to form a judgement upon having been given such examples.[ citation needed ]

Distinction of parts

In informal use, words like "judgement" are often used imprecisely, even when keeping them separated by the triad of power, act, and habit.[ citation needed ]

Aristotle observed that while propositions can be drawn from judgements and called "true" and "false", the objects that the terms try to represent are only "true" or "false"—with respect to the judging act or communicating that judgement—in the sense of "well-chosen" or "ill-chosen".[ citation needed ]

Kant

Immanuel Kant, in his Critique of Pure Reason (1781) and Critique of the Power of Judgment (1790), positioned judgement as the core of human cognition, defining it as a conscious mental operation that is the base of the conceptualization of objects via intuition. Kant's anti-psychologistic ideas emphasize judgement unifying cognitive capabilities for objective validity. "Determining" judgements subsume particulars under universals while "reflective" judgements seek universals for given particulars. [19]

Judgement in religion

Abrahamic religions

The Last Judgment is a concept originating in Zoroastrianism and found across the Abrahamic religions. [20] [21]

Christianity

In Christianity, the New Testament addresses interpersonal judgement in the Sermon on the Mount, where Jesus states: "Do not judge, or you too will be judged" (Matthew 7:1, NIV), cautioning against hypocritical condemnation. [22]

Islam

In Islam, judgment manifests as Yawm al-Qiyamah (Day of Judgment), where Allah resurrects all souls for accountability based on deeds recorded in the Kitab (book of records), determining paradise or hell, showing mercy alongside justice (Quran 99:7–8). [23]

Other religions

Hinduism views judgement through karma, the law of cause and effect where actions (samskaras) influence rebirth (samsara) and ultimate liberation (moksha), with texts like the Bhagavad Gita portraying it as self-operated moral consequence rather than divine intervention. [23]

Similarly, Buddhism integrates judgement via Right View (samma ditthi) in the Noble Eightfold Path, creating discernment of ethical actions to accumulate positive karma, break the cycle of rebirth, and attain nirvana, as taught in the Dhammapada. [23]

See also

References

  1. "judgement". The Website of Prof. Paul Brians. 19 May 2016. Archived from the original on 15 September 2024. Retrieved 6 August 2023.
  2. "Judgement | Judgment, n." Oxford English Dictionary . 2024. doi:10.1093/OED/1148975534 . Retrieved 7 December 2025.
  3. Keren, Gideon; Wu, George, eds. (2015). The Wiley Blackwell handbook of judgment and decision making. Chichester, West Sussex, UK: Wiley-Blackwell. ISBN   978-1-118-46839-5.
  4. Sternberg, Robert J.; Sternberg, Karin (2017). Cognitive psychology (Seventh ed.). Boston: Cengage Learning. ISBN   978-1-305-64465-6.
  5. Garner, Bryan A. (2011). Garner's Dictionary of Legal Usage (3rd ed.). Oxford: Oxford University Press. p. 495. ISBN   9780195384208 . Retrieved 10 September 2023.
  6. Black’s Law Dictionary 970 (10th ed. 2014).
  7. Black’s Law Dictionary 970 (10th ed. 2014).
  8. 1 2 Garner, Bryan A. (2011). Garner's Dictionary of Legal Usage (3rd ed.). Oxford: Oxford University Press. p. 497. ISBN   9780195384208 . Retrieved 10 September 2023.
  9. The Courts of British Columbia: Supreme Court, About Judgments (Last accessed March 28, 2015)
  10. "Judgment - Etymology, Origin & Meaning". etymonline. Retrieved 11 December 2025.
  11. "The History and Evolution of Summary Judgment". legalhusk.com. Retrieved 11 December 2025.
  12. Bauman, John A. "The Evolution of the Summary Judgment Procedure: An Essay Commemorating the Centennial Anniversary of Keating." Indiana Law Journal, vol. 31, no. 3, 1956, pp. 329–347.
  13. Tversky, Amos, and Daniel Kahneman. "Judgment under Uncertainty: Heuristics and Biases." Science, vol. 185, no. 4157, 27 September 1974, pp. 1124–1131.
  14. Kahneman, Daniel. "A Perspective on Judgment and Choice: Mapping Bounded Rationality". American Psychologist, vol. 58, no. 9, Sept. 2003, pp. 697–720.
  15. Mineo, Liz (13 November 2025). "Is AI dulling our minds?". Harvard Gazette. Retrieved 11 December 2025.
  16. Smith, Ashley. "AI Thinks Like Us: Flaws, Biases, and All, Study Finds." Neuroscience News, 1 Apr. 2025, neurosciencenews.com/ai-human-thinking-28535/.
  17. Zhang, Ni; Zhang, Zixuan (2023). "The application of cognitive neuroscience to judicial models: recent progress and trends". Frontiers in Neuroscience. 17 1257004. doi: 10.3389/fnins.2023.1257004 . ISSN   1662-4548. PMC   10556240 . PMID   37811324.
  18. "The Internet Classics Archive | On Interpretation by Aristotle". classics.mit.edu. Retrieved 11 December 2025.
  19. Hanna, Robert (2022), "Kant's Theory of Judgment", in Zalta, Edward N. (ed.), The Stanford Encyclopedia of Philosophy (Spring 2022 ed.), Metaphysics Research Lab, Stanford University, retrieved 10 December 2025
  20. Wilfred Graves, Jr., In Pursuit of Wholeness: Experiencing God's Salvation for the Total Person (Shippensburg, PA: Destiny Image, 2011), 9, 22, 74–5.
  21. Boyce, Mary (1979), Zoroastrians: Their Religious Beliefs and Practices, London, England: Routledge & Kegan Paul, pp. 27–29, ISBN   978-0-415-23902-8 .
  22. Cottrell, Jack. Jack Cottrell's Questions and Answers. Orcutt Christian Church, n.d., https://www.orcuttchristian.org/Jack%20Cottrell_%20Questions%20and%20Answers.pdf. Accessed 11 Dec. 2025.
  23. 1 2 3 "Global Perspectives on Judgment – Interface". 27 January 2024. Retrieved 11 December 2025.

Further reading