Ideology, Psychology, and Law
Ideology, Psychology, and Law
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Abstract
Formally, the law purports to be based solely in reasoned analysis, devoid of ideological bias or unconscious influences. Judges claim to act as umpires applying the rules, not making them. They frame their decisions as straightforward applications of an established set of legal doctrines, principles, and mandates to a given set of facts. As scholars who carefully study the law understand, that frame is a façade, and the impression that the legal system projects is an illusion. Oliver Wendell Holmes, Jr. made a similar claim more than a century ago when he wrote that “the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have a good deal more to do than the syllogism in determining the rules by which men should be governed.” A century later, though, we are much closer to understanding the mechanisms responsible for the gap between the formal face of the law and the actual forces shaping it. Over the last decade or so, political scientists and legal academics have begun studying the linkages between ideologies, on one hand, and legal principles and policy outcomes on the other. During that same period, mind scientists have turned to understanding the psychological sources of ideology. This book is the first to bring many of the world’s experts on those topics together to examine the sometimes unsettling interactions between psychology, ideology and law.
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Front Matter
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I Introduction
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II Correlates and Causes of Ideology
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3
System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice
Gary Blasi andJohn T. Jost
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4
Interpersonal Foundations of Ideological Thinking
Curtis D. Hardin and others
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5
Crowding Out Morality: How the Ideology of Self-Interest Can Be Self-Fulfilling
Barry Schwartz
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Legal Comment: “A Fine is Not a Price”: Insights for Law
Anne L. Alstott
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6
Associations Between Law, Competitiveness, and the Pursuit of Self-Interest
Mitchell J. Callan andAaron C. Kay
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Legal Comment: “You Call, I Hammer!”: Adversarial Legalism and Social Influence
Douglas A. Kysar
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7
Automatic Associations: Personal Attitudes or Cultural Knowledge?
Eric Luis Uhlmann and others
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Legal Comment: The New Cultural Defense
Jerry Kang
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8
The Policy IAT
Jon Hanson andMark Yeboah
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9
Attributions and Ideologies: Two Divergent Visions of Human Behavior Behind Our Laws, Policies, and Theories
Adam Benforado andJon Hanson
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3
System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice
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III Protection and Preservation of Ideology
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10
Preference, Principle, and Political Casuistry
Eric D. Knowles andPeter H. Ditto
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Legal Comment: Warm Reasoning and Legal Proof of Discrimination
Martha Chamallas
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11
Identity, Belief, and Bias
Geoffrey L. Cohen
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Remedying Law's Partiality Through Social Science
Andrew M. Perlman
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12
Bias Perception and the Spiral of Conflict
Kathleen A. Kennedy andEmily Pronin
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Legal Comment: The Lawyer as Bias Buffer or Bias Aggravator
Robert C. Bordone
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13
Seeing Bias: Discrediting and Dismissing Accurate Attributions
Adam Benforado andJon Hanson
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10
Preference, Principle, and Political Casuistry
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IV Ideology in Legal Theory and Law
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14
Backlash: The Reaction to Mind Sciences in Legal Academia
Adam Benforado andJon Hanson
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15
The Mystique of Instrumentalism
Tom Tyler andLindsay Rankin
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16
Aggressive Interrogation and Retributive Justice: A Proposed Psychological Model
Avani Mehta Sood andKevin M. Carlsmith
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Legal Comment: How to Advocate Against Torture?: Understanding and Countering the Dynamics of Support for Abusive Interrogation
James L. Cavallaro
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17
Two Social Psychologists' Reflections on Situationism and the Criminal Justice System
Lee Ross andDonna Shestowsky
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18
What’s Love Got to Do with It?: Stereotypical Women in Dispositionist Torts
Fernanda Nicola
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19
Legal Interpretation and Intuitions of Public Policy
Joshua Furgeson andLinda Babcock
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20
Ideology and the Study of Judicial Behavior
Lee Epstein and others
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21
Depoliticizing Administrative Law
Cass R. Sunstein andThomas J. Miles
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14
Backlash: The Reaction to Mind Sciences in Legal Academia
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End Matter
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