A new book has just come out from Princeton Press entitled Judges and Their Audiences: A Perspective on Judicial Behavior. Written by Lawrence Baum, it claims to show how decision making by judges is motivated in large part by how judges imagine their audience will regard their judicial decisions. Based in social psychology as well as empirical evidence, Baum shows how the potential or actual response by a variety of audiences (public, bar, court colleagues) influences a judge’s decision. This seems to be yet another example of legal literature that takes as its premise the situational performance that is the stuff of law. See Law as Performance by Jack Balkin and Sandy Levinson; De-scribing Law: Performance in the Constitution of Legality by Bernard Hibbitts; Your Second Life? Good Will and the Performativity of Intellectual Property in On-Line Digital Gaming by Andrew Herman, Rosemary Coombe and Lewis Kaye. Struggling with this concept myself these days, I wonder what exactly the term “performativity” adds to the discussion about law as an enacted practice, as a discourse of gestures, language, choreographed position and power. But perhaps that is enough.