Ideology, psychology, and law
By: edited by Jon Hanson
Series: Series in political psychology
Publisher: Oxford University Press
Published: 2011
Place of publication: Oxford; New York
Language: eng
Number of pages: 800
ISBN-13: 9780199737512
Subjects: Ideology; Social psychology; Interpersonal relations; Law; Psychology
Description: Formally, the law is based solely on reasoned analysis, devoid of ideological biases 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 most legal scholars understand, however, the impression that the legal system projects is largely an illusion. As far back as 1881, Oliver Wendell Holmes, Jr. made a similar claim, writing 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." More than a century later, we are now 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, and to better understand what, beyond and beneath the logic, animates the law.
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction : ideology, psychology, and law / Jon Hanson; title: The end of the end of ideology / John Jost; title: System justification theory and research : implications for law, legal advocacy, and social justice / Gary Blasi and John Jost; title: Interpersonal foundations of ideological thinking / Curtis Hardin ... [et al.]; title: Crowding out morality : how the ideology of self-interest can be self-fulfilling / Barry Schwartz; title: Legal comment "a fine is not a price" : insights for law / Anne L. Alstott; title: Associations between law, competitiveness, and the pursuit of self-interest / Mitch Callan and Aaron Kay; title: Legal comment "you call, I hammer!" : adversarial legalism and social influence / Douglas Kysar; title: Automatic associations : personal attitudes or cultural knowledge / Eric Uhlmann, Andrew Poehlman, and Brian Nosek; title: Legal comment / Jerry Kang; title: Implicit policy attitudes / Jon Hanson and Mark Yeboah; title: Attributions and ideologies : two divergent visions of human behavior behind our laws, policies, and theories / Adam Benforado and Jon Hanson; title: Preference, principle, and political casuistry / Eric Knowles and Peter Ditto; title: Legal comment "warm reasoning and legal proof of discrimination" / Martha Chamallas; title: Identity, belief, and bias / Geoffrey Cohen; title: Legal comment "remedying law's partiality through social science" / Andrew Perlman; title: Bias perception and the spiral of conflict / Kathleen Kennedy and Emily Pronin; title: Legal comment "the lawyer as bias buffer or bias aggravator" / Robert Bordone; title: Seeing bias : discrediting and dismissing accurate attributions / Adam Benforado and Jon Hanson; title: Backlash : the reaction to mind sciences in legal academia / Adam Benforado and Jon Hanson; title: The mystique of instrumentalism / Tom Tyler and Lindsay Rankin; title: The fine line between interrogation and retribution / Avani Mehta Sood and Kevin Carlsmith; title: Legal comment "how to advocate against torture? understanding and countering the dynamics of support for abusive interrogation" / James Cavallaro; title: Social psychologists' reflections on situationism and the criminal justice system / Lee Ross and Donna Shestowsky; title: What's love got to do with it? : stereotypical women in dispositionist torts / Fernanda Nicola; title: Legal interpretation and intuitions of public policy / Josh Furgeson and Linda Babcock; title: Ideology and the study of judicial behavior / Lee Epstein ... [et al.]; title: Depoliticizing administrative law / Cass Sunstein and Thomas Miles.