
Contents
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A. Evidence of a System Justification Motive A. Evidence of a System Justification Motive
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1. Anticipatory rationalization of the status quo 1. Anticipatory rationalization of the status quo
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2. Preferring the “other” 2. Preferring the “other”
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3. Shifting stereotypes in response to system threat 3. Shifting stereotypes in response to system threat
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B. Introducing System Justification Theory B. Introducing System Justification Theory
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C. System Justification Theory and Law C. System Justification Theory and Law
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I. The Science: Fundamentals of Theory and Research I. The Science: Fundamentals of Theory and Research
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A. The System Justification Motive A. The System Justification Motive
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1. Why is the appeal of the status quo so great? 1. Why is the appeal of the status quo so great?
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2. The interplay of ego, group, and system justification motives 2. The interplay of ego, group, and system justification motives
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3. Which system prevails in a particular conflict? 3. Which system prevails in a particular conflict?
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B. Empirical Manifestations of the System Justification Motive B. Empirical Manifestations of the System Justification Motive
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1. Rationalization of the status quo 1. Rationalization of the status quo
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2. Development and endorsement of social stereotypes 2. Development and endorsement of social stereotypes
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3. Internalization of inequality 3. Internalization of inequality
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C. Social and Psychological Moderators of System Justification C. Social and Psychological Moderators of System Justification
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1. Dispositional sources of variability: uncertainty and threat management 1. Dispositional sources of variability: uncertainty and threat management
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2. Situational sources of variability: system threat and mortality salience 2. Situational sources of variability: system threat and mortality salience
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D. Consequences of System Justification D. Consequences of System Justification
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1. The palliative function of system justification and system-justifying ideologies 1. The palliative function of system justification and system-justifying ideologies
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2. Implications for change and adaptation to a new regime 2. Implications for change and adaptation to a new regime
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E. Summing up the Science E. Summing up the Science
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II. Advocacy Responses to System Justification II. Advocacy Responses to System Justification
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A. Assessing System Justification Motives A. Assessing System Justification Motives
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B. Advocacy Strategies that Take System Justification Motives into Account B. Advocacy Strategies that Take System Justification Motives into Account
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1. The psychological processes of frame shifting 1. The psychological processes of frame shifting
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2. Reframing systems, social issues, and social change 2. Reframing systems, social issues, and social change
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III. Implications of System Justification Theory for Law and Regulation III. Implications of System Justification Theory for Law and Regulation
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A. System Justification Theory and Claiming Rates in Tort A. System Justification Theory and Claiming Rates in Tort
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1. Claiming rates for system-implicating claims 1. Claiming rates for system-implicating claims
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2. Differential claiming by those advantaged vs. disadvantaged by a system 2. Differential claiming by those advantaged vs. disadvantaged by a system
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B. System Justification and Corporate Regulation B. System Justification and Corporate Regulation
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IV. A Prognosis for System Justification Theory IV. A Prognosis for System Justification Theory
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A. Formalism: Stare Decisis and Prudential Reasons for Law to Lag Behind Science A. Formalism: Stare Decisis and Prudential Reasons for Law to Lag Behind Science
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B. Hypotheses from Legal Realism and Mind Science B. Hypotheses from Legal Realism and Mind Science
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Notes Notes
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References References
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3 System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice
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Published:January 2012
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Abstract
This chapter reviews theory and research on System Justification Theory (SJT) and summarizes key implications for law, lawyers, and social justice advocacy. According to SJT, lawyers should attend to all relevant social orders and implicit as well as explicit biases in selecting jurors and developing advocacy strategies. The theory identifies important obstacles to social change, including changes in the law and legal scholarship. This chapter highlights some of the ways in which system justification motives result in behaviors that are unanticipated by current models of legal thinking. It discusses the persuasive power of “reframing,” whereby advocates can deploy narrative to exacerbate or diminish the system-justifying motives of legal and public policy decision-makers.
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