Ideology, Psychology, and Law

Hardcover | January 26, 2012

EditorJon Hanson, John Jost

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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 andpolitical 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, onone 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 unsettlinginteractions between psychology, ideology, and law, and to better understand what, beyond and beneath the logic, animates the 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...

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 ...
Format:HardcoverDimensions:784 pages, 0.12 × 0.12 × 0.12 inPublished:January 26, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199737517

ISBN - 13:9780199737512

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Table of Contents

1. Introduction: Ideology, Psychology, and Law2. The End of the End of Ideology3. System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice4. Interpersonal Foundations of Ideological Thinking5. Crowding Out Morality: How the Ideology of Self-Interest Can Be Self-Fulfilling6. Associations Between Law, Competitiveness, and the Pursuit of Self-Interest7. Automatic Associations: Personal Attitudes or Cultural Knowledge8. Implicit Policy Attitudes9. Attributions and Ideologies: Two Divergent Visions of Human Behavior Behind Our Laws, Policies, and Theories10. Preference, Principle, and Political Casuistry11. Identity, Belief, and Bias12. Bias Perception and the Spiral of Conflict13. Seeing Bias: Discrediting and Dismissing Accurate Attributions14. Backlash: The Reaction to Mind Sciences in Legal Academia15. The Mystique of Instrumentalism16. The Fine Line Between Interrogation and Retribution.17. Two Social Psychologists' Reflections on Situationism and the Criminal Justice System.18. What's Love Got to Do with It?: Stereotypical Women in Dispositionist Torts.19. Legal Interpretation and Intuitions of Public Policy20. Ideology and the Study of Judicial Behavior21. Depoliticizing Administrative Law