SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Citations (1)

Beta

 
 

Footnotes (149)

Beta

 


 


Download | Share | Email | Add to Briefcase | Buy Hard Copy

The Self-Defensive Cognition of Self-Defense

Dan M. Kahan
Yale University - Law School

Donald Braman
Cultural Cognition Project; George Washington University - Law School



American Criminal Law Review, Vol. 45, No. 1, pp. 1-65, 2008
Yale Law School, Public Law Working Paper No. 142
GWU Legal Studies Research Paper No. 364
GWU Law School Public Law Research Paper No. 364

Abstract:     
Why do certain self-defense cases - ones, e.g., involving battered women who kill their sleeping abusers, or beleaguered commuters who shoot panhandling minority teens - provoke intense political conflict? The conventional and seemingly obvious answer is that people judge such cases in a politically partisan fashion. This paper, however, suggests a subtler and more complex explanation. Social psychologists have shown that individuals resolve factual ambiguities in a manner supportive of their defining values, both to minimize dissonance and to protect their connection to others who share their commitments. This form of self-defensive cognition, it is submitted, shapes individuals' perceptions of violent interactions between parties seen to be complying with or defying contested social norms. As a result, even individuals who are trying to decide such cases based on honest and politically impartial assessments of the facts polarize along cultural lines. The paper presents the results of an original empirical study (N = 1,600) that supports this hypothesis. It also explores the normative significance of this account of the origins of political conflict over self-defense cases and how such conflict can be mitigated.

Keywords: cultural cognition, self-defense, battered woman, identity-protective cognition

Accepted Paper Series

Date posted: September 08, 2007 ; Last revised: April 15, 2009

Suggested Citation

Kahan, Dan M. and Braman, Donald, The Self-Defensive Cognition of Self-Defense. American Criminal Law Review, Vol. 45, No. 1, pp. 1-65, 2008; Yale Law School, Public Law Working Paper No. 142; GWU Legal Studies Research Paper No. 364; GWU Law School Public Law Research Paper No. 364. Available at SSRN: http://ssrn.com/abstract=1012967


Export to: Export Citation What's this?

Contact Information

Dan M. Kahan (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
HOME PAGE: http://research.yale.edu/culturalcognition/kahan
Donald Braman
Cultural Cognition Project ( email )
2000 H St NW
2000 H Street
Washington, DC 20052
United States
202-491-8843 (Phone)
202 491-8843 (Fax)
HOME PAGE: http://www.culturalcognition.net/braman
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 1,838
Downloads: 366
Download Rank: 21,529
Citations: 1
Footnotes: 149
Paper comments
No comments have been made on this paper

© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use  Privacy Policy
This page was served by apollo4 in 0.125 seconds.