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'Ideology in' vs. 'Cultural Cognition of' Law: What Difference Does it Make?Dan M. KahanYale University - Law School; Harvard University - Edmond J. Safra Center for Ethics March 20, 2008 Harvard Law School Program on Risk Regulation Research Paper No. 08-22 Yale Law School, Public Law Working Paper No. 180 Abstract: Recent scholarship in law and political science identifies ideology as a major determinant of judicial decisionmaking. This essay suggests the possibility that much if not all the evidence this work rests on might be attributed to the influence of cultural cognition, a set of mechanisms that motivate individuals to conform their factual perceptions to their values. Such an account has the potential to furnish a psychologically richer description of how competing values generate judicial dissensus, a more informed normative appraisal of such dissensus, and a more tractable set of prescriptions for reducing it.
Number of Pages in PDF File: 11 Keywords: cultural cognition, ideology, judicial decisionmaking working papers seriesDate posted: March 25, 2008 ; Last revised: April 16, 2013Suggested CitationContact Information
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