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Ideology, Psychology, and Law
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Ideology, Psychology, and Law

Jon Hanson and John Jost

Abstract

Formally, the law purports to be based solely in reasoned analysis, devoid of ideological bias 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 scholars who carefully study the law understand, that frame is a façade, and the impression that the legal system projects is an illusion. Oliver Wendell Holmes, Jr. made a similar claim more than a century ago when he wrote that “the felt necessities of t ... More

Keywords: psychology, ideology, law, bias, influences, policy outcomes

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199737512
Published to Oxford Scholarship Online: May 2012 DOI:10.1093/acprof:oso/9780199737512.001.0001

Authors

Affiliations are at time of print publication.

Jon Hanson, editor

John Jost, contributor
New York University

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Contents

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I Introduction

II Correlates and Causes of Ideology

III Protection and Preservation of Ideology

IV Ideology in Legal Theory and Law

End Matter