Ideology Psychology and Law 1st Edition by Jon Hanson, John Jost 0199737517 9780199737512

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ISBN 10: 0199737517

ISBN 13: 9780199737512

Author: Jon Hanson, John Jost

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.

Ideology Psychology and Law 1st Table of contents:

I. Introduction

1 Ideology, Psychology, and Law

2 The End of the End of Ideology

II. Correlates and Causes of Ideology

3 System Justification Theory and Research: Implications for Law, Legal Advocacy, and Social Justice

4 Interpersonal Foundations of Ideological Thinking

5 Crowding Out Morality: How the Ideology of Self-Interest Can Be Self-Fulfilling

Legal Comment: “A Fine Is Not a Price”: Insights for Law

6 Associations Between Law, Competitiveness, and the Pursuit of Self-Interest

Legal Comment: “You Call, I Hammer!”: Adversarial Legalism and Social Influence

7 Automatic Associations: Personal Attitudes or Cultural Knowledge?

Legal Comment: The New Cultural Defense

8 The Policy IAT

9 Attributions and Ideologies: Two Divergent Visions of Human Behavior Behind Our Laws, Policies, an

III. Protection and Preservation of Ideology

10 Preference, Principle, and Political Casuistry

Legal Comment: Warm Reasoning and Legal Proof of Discrimination

11 Identity, Belief, and Bias

Legal Comment: Remedying Law’s Partiality Through Social Science

12 Bias Perception and the Spiral of Conflict

Legal Comment: The Lawyer as Bias Buffer or Bias Aggravator

13 Seeing Bias: Discrediting and Dismissing Accurate Attributions

IV. Ideology in Legal Theory and Law

14 Backlash: The Reaction to Mind Sciences in Legal Academia

15 The Mystique of Instrumentalism

16 Aggressive Interrogation and Retributive Justice: A Proposed Psychological Model

Legal Comment: How to Advocate Against Torture? Understanding and Countering the Dynamics of Support

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 Policy

20 Ideology and the Study of Judicial Behavior

21 Depoliticizing Administrative Law

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Jon Hanson,John Jost,Ideology,Psychology