Legal comment : Depoliticizing administrative law / Cass R. Sunstein and Thomas J. Miles. The end of the end of ideology / John T. Jost -- II. Correlates and causes of ideology -- System justification theory and research : implications for law, legal advocacy, and social justice / Gary Blasi and John T. Jost -- Interpersonal foundations of ideological thinking / Curtis Hardin ... [et al.] -- Crowding out morality : how the ideology of self-interest can be self-fulfilling / Barry Schwartz -- Legal comment : "a fine is not a price" : insights for law / Anne L. Alstott -- Associations between law, competitiveness, and the pursuit of self-interest / Mitchell J. Callan and Aaron C. Kay -- Legal comment : "you call, I hammer!" : adversarial legalism and social influence / Douglas A. Kysar -- Automatic associations : personal attitudes or cultural knowledge? / Eric Uhlmann, Andrew Poehlman, and Brian Nosek -- Legal comment : the new cultural defense / Jerry Kang -- The policy IAT / Jon Hanson and Mark Yeboah -- Attributions and ideologies : two divergent visions of human behavior behind our laws, policies, and theories / Adam Benforado and Jon Hanson -- III. Protection and preservation of ideology -- Preference, principle, and political casuistry / Eric D. Knowles and Peter H. Ditto -- Legal comment : "warm reasoning and legal proof of discrimination" / Martha Chamallas -- Identity, belief, and bias / Geoffrey L. Cohen -- Legal comment : "remedying law's partiality through social science" / Andrew M. Perlman -- Bias perception and the spiral of conflict / Kathleen A. Kennedy and Emily Pronin -- Legal comment : "the lawyer as bias buffer or bias aggravator" / Robert C. Bordone -- Seeing bias : discrediting and dismissing accurate attributions / Adam Benforado and Jon Hanson -- IV. Ideology in legal theory and law -- Backlash : the reaction to mind sciences in legal academia / Adam Benforado and Jon Hanson -- The mystique of instrumentalism / Tom Tyler and Lindsay Rankin -- Aggressive interrogation and retributive justice : a proposed psychological model / Avani Mehta Sood and Kevin M. Carlsmith -- Legal comment : "how to advocate against torture? : understanding and countering the dynamics of support for abusive interrogation" / James L. Cavallaro -- Two social psychologists' reflections on situationism and the criminal justice system / Lee Ross and Donna Shestowsky -- What's love got to do with it? : stereotypical women in dispositionist torts / Fernanda Nicola -- Legal interpretation and intuitions of public policy / Joshua Furgeson and Linda Babcock -- Ideology and the study of judicial behavior / Lee Epstein ... [et al.] -- Depoliticizing administrative law / Cass R. Sunstein and Thomas J. Miles.
Summary:
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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.