Ideology, psychology, and law
Author(s)
Bibliographic Information
Ideology, psychology, and law
(Series in political psychology)
Oxford University Press, c2012
Available at / 5 libraries
-
No Libraries matched.
- Remove all filters.
Note
Includes bibliographical references and index
Description and Table of Contents
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.
Table of Contents
- Introduction
- 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 - The Policy IAT
- 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 - Aggressive Interrogation and Retributitve Justice: A Proposed Psychological Model Retribution.
- Avani Mehta Sood and Kevin Carlsmith
- 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
by "Nielsen BookData"