How dojudgesjudge? The answer to this seemingly simple question has proved surprisingly elusive. The two venerable models of judging-the formalist and realist models-offer contrasting responses. According to the formalists, judges apply the governing law to the facts of a case in a logical, mechanical, and deliberative way. 3 For the formalists, the judicial system is a" giant syllogism machine," and the judge acts like a" highly skilled mechanic." 4 Legal realism, on the other hand, represents a sharp contrast. According to the realists, judges follow an intuitive process to reach conclusions which they only later rationalize with deliberative reasoning. 5 For the realists, the judge" decides by feeling, and not by judgment; by'hunching'and not by ratiocination" and later uses deliberative faculties" not only to justify that intuition to himself, but to make it pass muster."'6 Neither model has proved satisfactory. Judges surely rely on intuition, rendering a purely formalist