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Ideology, Psychology, and Law

Ideology, Psychology, and Law


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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.

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Product Details

ISBN-13: 9780199737512
Publisher: Oxford University Press
Publication date: 01/11/2012
Series: Series in Political Psychology
Pages: 816
Product dimensions: 6.20(w) x 9.40(h) x 2.40(d)

About the Author

Jon Hanson is Alfred Smart Professor of Law and the Director of The Project on Law and Mind Sciences at Harvard Law School. He is the editor and co-founder of The Situationist Blog, which provides a forum to discuss situational forces influencing law, policies, and social institutions. His award-winning teaching and scholarship meld social psychology, social cognition, economics, history, and law.

Table of Contents


Chapter 1 - Introduction: Ideology, Psychology, and Law
Jon Hanson

Chapter 2 - The End of the End of Ideology
John Jost

Correlates and Causes of Ideology

Chapter 3 - System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice
Gary Blasi and John Jost

Chapter 4 - Interpersonal Foundations of Ideological Thinking
Curtis Hardin, Rick M. Cheung, Michael W. Magee, Steven Noel, and Kasumi Yoshimura

Chapter 5 - Crowding Out Morality: How the Ideology of Self-Interest Can Be Self-Fulfilling
Barry Schwartz
Chapter 5 Legal Comment - "A Fine is Not a Price": Insights for Law
Anne L. Alstott

Chapter 6 - Associations Between Law, Competitiveness, and the Pursuit of Self-Interest
Mitch Callan and Aaron Kay
Chapter 6 Legal Comment - "You Call, I Hammer!": Adversarial Legalism and Social Influence
Douglas Kysar

Chapter 7 - Automatic Associations: Personal Attitudes or Cultural Knowledge
Eric Uhlmann, Andrew Poehlman, and Brian Nosek
Chapter 7 Legal Comment
Jerry Kang

Chapter 8 - Implicit Policy Attitudes
Jon Hanson and Mark Yeboah

Chapter 9 - Attributions and Ideologies: Two Divergent Visions of Human Behavior Behind Our Laws, Policies, and Theories
Adam Benforado and Jon Hanson

Protection and Preservation of Ideology

Chapter 10 - Preference, Principle, and Political Casuistry
Eric Knowles and Peter Ditto
Chapter 10 Legal Comment - Warm Reasoning and Legal Proof of Discrimination
Martha Chamallas

Chapter 11 - Identity, Belief, and Bias
Geoffrey Cohen
Chapter 11 Legal Comment - Remedying Law's Partiality Through Social Science
Andrew Perlman

Chapter 12 - Bias Perception and the Spiral of Conflict
Kathleen Kennedy and Emily Pronin
Chapter 12 Legal Comment - The Lawyer as Bias Buffer or Bias Aggravator
Robert Bordone

Chapter 13 - Seeing Bias: Discrediting and Dismissing Accurate Attributions
Adam Benforado and Jon Hanson

Ideology in Legal Theory and Law

Chapter 14 - Backlash: The Reaction to Mind Sciences in Legal Academia
Adam Benforado and Jon Hanson

Chapter 15 - The Mystique of Instrumentalism
Tom Tyler and Lindsay Rankin

Chapter 16 - The Fine Line Between Interrogation and Retribution.
Avani Mehta Sood and Kevin Carlsmith
Chapter 16 Legal Comment - How to Advocate Against Torture? Understanding and Countering the Dynamics of Support for Abusive Interrogation
James Cavallaro

Chapter 17 - Two Social Psychologists' Reflections on Situationism and the Criminal Justice System.
Lee Ross and Donna Shestowsky

Chapter 18 - What's Love Got to Do with It?: Stereotypical Women in Dispositionist Torts.
Fernanda Nicola

Chapter 19 - Legal Interpretation and Intuitions of Public Policy
Josh Furgeson and Linda Babcock

Chapter 20 - Ideology and the Study of Judicial Behavior
Lee Epstein, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal

Chapter 21 - Depoliticizing Administrative Law
Cass Sunstein and Thomas Miles

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