
Contents
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3 System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice
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A. The Situational Role of Ideology: Lessons for Employment Discrimination Litigation A. The Situational Role of Ideology: Lessons for Employment Discrimination Litigation
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B. Lawyering Theory and the Partisanship Distortion B. Lawyering Theory and the Partisanship Distortion
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C. Jurisprudence, Criminal Sentencing, and Ex Post Facto Criteria Formation C. Jurisprudence, Criminal Sentencing, and Ex Post Facto Criteria Formation
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D. Conclusion D. Conclusion
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Reference Reference
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Remedying Law's Partiality Through Social Science
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Published:January 2012
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Extract
A completely fair and impartial justice system is difficult to achieve, in part because of how easily human judgment and objectivity can become distorted. Geoffrey Cohen's research sheds light on why some of those distortions occur, and his work has implications for a variety of legal doctrines and theories, ranging from the litigation of race-based employment discrimination claims to foundational theories of lawyering and jurisprudence. But even more important, Cohen suggests ways to remedy several cognitive errors, and in doing so, he illustrates the central role that social psychology can play in achieving a more impartial system of justice.
The Situational Role of Ideology: Lessons for Employment Discrimination Litigation
Cohen first considers how our ideologies, particularly our views on race, affect how we assign blame for a minority member's adverse circumstances. He has found that if people believe that different races share the same problems and experiences (that is, the subjects have a “color-blind” ideology), they are more likely to blame a minority member for her adverse circumstances when she cites race as one of the reasons for her situation (Cohen, Scribener, & Miles, 2009). In contrast, Cohen found that if people believe that different races have distinct problems and experiences (that is, the subjects have a “multicultural” ideology), they are less likely to blame a minority person for her adverse circumstances when she mentions race as a possible explanation for her situation.
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