A Norms Approach to Jury "Nullification"


Joseph Sanders


The paper synthesizes economic and sociological approaches to norms to explain the circumstance under which juries are most likely to substitute their own rules and criteria for that of the law when deciding a case. It concludes that this type of “nullification” is most likely to occur when substantive societal value norms embedded in scripts are contrary to legal rules.


Comparative and Foreign Law | Law and Society

Date of this Version

March 2006